ACTS
RESOLVES
PASSED BY THE
^mm\ (3{flttrt of Passaclmsdts
IN THE YEAR
1952
TOGETHER WITH
TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PtTBLISHED BY
EDWARD J. CRONIN
Secretary of the Commonwealth
BOSTON
WRIGHT & POTTER PRINTING COMPANY
1952
ACTS AND RESOLVES
OF
MASSACHUSETTS
1952
The General Court, which was chosen November 7, 1950,
assembled on Wednesday, the second day of January-, 1952, for its
second annual session.
His Excellency Paul A. Dever and His Honor Charles F.
Jeff Sullivan continued to serve as Governor and Lieutenant
Governor, respectively, for the political year of 1952.
ACTS.
An Act authorizing the town of natick to borrow (J}iq^ \
money for school purposes. ^'
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Section 1. Section 1 of chapter 23 of the acts of 1949, as
amended bj'' chapter 29 of the acts of 1951, is hereby further
amended by striking out, in Hues 6 and 7, the words "one
miUion three hundred thousand" and inserting in place
thereof the words: — five milUon, — so as to read as fol-
lows : — Section 1 . For the purpose of acquiring land for
and constructing and originally equipping and furnishing
school buildings, the town of Natick may borrow, from time
to time, within a period of ten years from the passage of this
act, such sums as may be necessary, not exceeding in the ag-
gregate five million dollars, and may issue bonds or notes of
the town therefor which shall bear on their face the words,
"Natick School Loan, Act of 1949". Each authorized issue
shall constitute a separate loan and such loans shall be paid
in not more than twenty years from their dates. Indebted-
ness incurred under this act shall be in excess of the statu-
tory limit and shall, except as provided herein, be subject to
chapter fortj^-four of the General Laws, including the limita-
tion contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 16, 1952.
An Act authorizing the submission to the voters of
the town of falmouth of the question of the ac-
ceptance of certain provisions of law regulating
the hours of duty of permanent members of fire
departments.
Be it enacted, etc., as follows.
Section 1. Notwithstanding any contrary provisions of
section fifty-eight A of chapter forty-eight of the General
Laws, the question of the acceptance of said section may be
submitted for acceptance to the voters of the town of Fal-
mouth at its next annual town meeting in the form of the
following question, which shall be placed upon the official
ballot to be used for the election of toA^Ti officers at said meet-
ing: — "Shall section fifty-eight A of chapter forty-eight of
the General Laws, providing for a seventy-hour week for per-
manent members of the fire departments, be accepted?" If
Chap.
4 Acts, 1952. — Chaps. 3, 4, 5.
a majority of the votes cast in answer to said question is in
the affirmative, said section fifty-eight A shall take effect in
said town ninety days thereafter.
Section 2. This act shall take effect upon its passage.
Approved January 16, 1952.
Chap. 3 An Act authorizing the use of facsimiles of the signa-
tures OF THE CLERKS OF THE SENATE AND HOUSE OF
representatives.
E^^rgency Whereas, The deferred operation of this act would prevent
the accomplishment of one of its purposes, which is to pro-
vide for more expeditious handling of legislative documents,
therefore it is hereby declared to be an emergency law, nec-
essary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as follows:
EdVa^new Chapter 3 of the General Laws is hereby amended by in-
§ i2A. added, scrtiug after section 12 the following section : — Section 12 A.
BignatureroT' ^ Facsimiles of the signatures of the clerk of the senate and the
8e°naTe'derks clcrk of the housc of representatives on endorsements of bills,
authorized. ' rcports of committees and other legislative documents shall
have the same validity and effect as their written signatures.
Approved January 21, 1952.
Chap. 4 An Act authorizing the town of swampscott to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally
equipping and furnishing an addition to an existing school
building in the town of Swampscott, said town may borrow,
from time to time within a period of five years from the pas-
sage of this act, such sums as may be necessary, not exceed-
ing, in the aggregate, five hundred thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words, Swampscott School Building Loan, Act of 1952.
Each authorized loan shall constitute a separate loan, and
such loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
inclusive of the limitation contained in the first paragraph of
section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 23, 1952.
Chap. 5 An Act relative to the administration of municipal
affairs in the town of easthampton.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any contrary provision of
chapter twenty of the acts of nineteen hundred and eleven,
or of any other provision of law, all the powers, rights, duties
Acts, 1952. — Chap. 6.
and liabilities of boards, commissions and oflScers in the town
of Easthampton shall, on and after the effective date of this
act, be exercised, performed and incurred as follows: — Those
relating to highways, town ways, bridges, sidewalks, guide
posts, monuments at the termini and angles of roads, sewers,
drains, street watering, water pipes, gas pipes, conduits, and
so-called chapter ninety highway construction and main-
tenance, shall be exercised, performed and incurred by the
board of public works; those relating to laying out and dis-
continuance of ways shall be exercised, performed and in-
curred by the planning board ; those relating to street light-
ing, assessment of damages and betterments, shade trees,
poles, wires, the granting of locations, rights or licenses for
structures upon private land, or upon, under or over high-
ways or other ways, and traffic rules and regulations, shall
be exercised, performed and incurred by the board of select-
men; those relating to public squares shall be exercised, per-
formed and incurred by the park commission ; and those re-
lating to playgrounds shall be exercised, performed and
incurred by the recreation committee.
Section 2. All acts and proceedings of the board of select-
men, the board of public works and the planning board of
said town from July seventeenth, nineteen hundred and fifty
to the effective date of this act, in so far as they may be in-
valid by reason of being inconsistent with the provisions of
chapter twenty of the acts of nineteen hundred and eleven,
or any other provision of law, are hereby ratified and con-
firmed and shall have the same eff'ect and validity as if the
provisions of this act had been in effect at the time of such
acts and proceedings.
Section 3. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing annual rentals or charges for
THE use of the SEWER SYSTEM OR SYSTEMS IN THE TOWN
OF STOUGHTON.
Be it enacted, etc., as follows:
Section 1. Chapter 86 of the acts of 1911 is hereby
amended by inserting after section 7 the following section : —
Section 7 A. Said board of sewer commissioners may, in its
discretion, prescribe for the users of said sewer system or
systems such annual rentals or charges based on the benefits
derived therefrom as it may deem proper. All charges im-
posed under authority of this section shall, from the time of
assessment, constitute a lien upon the land connected with
the common sewer.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap.
6 Acts, 1952. — Chaps. 7, 8, 9.
Chap. 7 An Act authorizing the town of natick to vote at the
BIENNIAL STATE ELECTION IN THE CURRENT YEAR ON THE
QUESTION OF THE ACCEPTANCE OF AN ACT TO ESTABLISH
IN SAID TOWN REPRESENTATIVE TOWN GOVERNMENT BY
LIMITED TOWN MEETINGS.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of sections
twelve and thirteen of chapter two of the acts of nineteen
hundred and thirty-eight, as amended, the question of the
acceptance of an act to estabHsh in the town of Natick rep-
resentative town government by limited town meetings shall
be submitted to the registered voters of said town at the bien-
nial state election in the current year in the form of the fol-
lowing question which shall be placed upon the official ballot
to be used in said town at said election: — "Shall an act
passed by the general court in the year nineteen hundred
and thirty-eight, entitled 'An Act to establish in the town
of Natick representative town government by limited town
meetings', be accepted by this town?" If a majority of the
votes in answer to said question is in the affirmative, said
act shall thereupon take etTect for all purposes incidental to
the next annual town election in said town, and shall take
full effect beginning with said election.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap. 8 An Act authorizing the town of natick to use certain
PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Natick is hereby authorized to
use such portion of Town park, also known as Memorial park,
located in said town and situate between West street and
Dug pond, so called, as the town, by vote passed at any an-
nual or special town meeting within five years after the pas-
sage of this act, shall determine, for the erection of a public
school building or for other school uses, and for all purposes
incidental thereto; and after such vote, such portion shall be
under the same care and control as other school property.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap. 9 An Act authorizing the barnstable fire district to
REIMBURSE M. JAMES SPROUL FOR MONEY EXPENDED IN
connection with the INSTALLATION OF WATER MAINS IN
SAID DISTRICT.
Be it enacted, etc., as follows:
Section 1. The Barnstable fire district is hereby author-
ized to appropriate the sum of fourteen hundred and forty-
seven dollars and thirty-four cents and pay the same to
Acts, 1952. — Chaps. 10, 11.
M. James Sproul, in full settlement of his claim against said
district for reimbursement on account of money expended bj''
him in connection with the installation of, and providing
materials for, water mains in the Common Fields section of
the towTi of Barnstable; provided, that no payment shall be
made hereunder unless and until said M. James Sproul shall
have released to said district by proper instrument or instru-
ments all right, title and interest he may have in said water
mains.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing the centerville-osterville fire QJin^ in
DISTRICT TO APPROPRIATE AND PAY A SUM OF MONEY TO ^'
JOHN B. LEBEL FOR MONEY EXPENDED BY HIM FOR A WATER
MAIN EXTENSION AND THE INSTALLATION OF A HYDRANT.
Be it enacted, etc., as follows:
Section 1. The Centerville-Osterville fire district is
hereby authorized to appropriate the sum of nine hundred
and seventy-three dollars and twenty-five cents and pay the
same to John B. Lebel to reimburse him for moneys expended
by him for a water main extension and the installation of a
hydrant in or on South street, a private way in said district;
provided, that no payment shall be made hereunder unless
and until said John B. Lebel shall have released to said dis-
trict by a proper instrument all right, title and interest
which he has in said water main extension and hydrant, nor
unless and until said district shall have received or acquired
permanent easements for the operation and maintenance of
said water main extension in or on the aforesaid private way.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing the town of falmouth to convey Qhav 11
certain land to FALMOUTH AMVETS, POST #70.
Be it enacted, etc., as follows:
Section 1. The to\vn of Falmouth is hereby authorized
to convey, in consideration of one dollar, to Falmouth Am-
vets, Post #70 that parcel of land on the westerly side of
Palmer avenue owned by the town and bounded and de-
scribed substantially as follows : —
Easterly, by Palmer avenue; southerly, by land of John
Giabbai and land now or formerly of Joseph Wood ; westerly,
by said land now or formerly of Joseph Wood, and northerly,
by land now or formerly of Ellsworth C. Handy, all as
shown on sheet 38 of Falmouth Maps.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1962.
8 Acts, 1952. — Chaps. 12, 13, 14.
Chap. 12 An Act placing the office of the chief of the fire
department of the town of ludlow under the civil
service laws.
Be it enacted, etc., as follows:
Section 1. The office of chief of the fire department in
the town of Ludlow shall, upon the effective date of this act,
become subject to the civil service laws and rules, and the
tenure of office of any incumbent thereof shall be unlimited,
subject, however, to said laws, but the person holding said
office on said effective date shall continue to serve therein;
provided, that he shall pass a qualifying examination to
which he shall be subjected by the division of civil service.
Section 2. This act shall be submitted to the voters of
said town at the next annual town meeting in the form of the
following question, which shall be placed upon the official
ballot to be used for the election of town officers at said
meeting: "Shall an act passed by the General Court in the
year nineteen hundred and fifty-two, entitled ' An Act placing
the office of the chief of the fire department of the town of
Ludlow under the civil service laws', be accepted?" If a
majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon take full effect, but
not otherwise. Approved January 26, 1952.
Chap. 13 An Act authorizing the inhabitants of the town of
WATERTOWN TO SELL THE TOWN INFIRMARY AND CERTAIN
LAND ADJACENT THERETO.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Watertown
are hereby authorized to sell, dispose of, transfer and convey
title to the town infirmary and the whole or any portion of
land adjacent thereto, bounded in part by George street,
land of the town of Watertown, Bailey avenue and Wilson
avenue, used by the town heretofore in connection with said
infirmary or as a poor farm and also to lay out, construct
and maintain streets or public ways over any portion of said
land and to construct, install, lay and maintain sewers,
drains, storm water drains and water mains in any streets
or public ways thereon.
Section 2. This act shall take full effect upon its accept-
ance by a majority of the town meeting members present
and voting thereon at an annual or special town meeting
called for the purpose. Approved January 26, 1952.
Chap. 14 An Act relative to the issuance of certain policies
of life or endowment insurance without medical
examination.
Be it enacted, etc., as follows:
G^L. (Ter. Scctiou 123 of chapter 175 of the General Laws is hereby
§ i'23, etc., amended by striking out the second paragraph, as appearing
amended. ^^ chaptci 186 of the acts of 1943, so that said section will
Acts, 1952. —Chaps. 15, 16.
read as follows: — Section 123. No life company shall issue issuance of
!• riT J J. • 'j-U' certain life
any policy of life or endowment insurance m this common- insurance
wealth except upon a written application therefor signed or ^°gtj^t;d
assented to in writing by the person to be insured, provided,
that such a company may issue a policy on the life of a minor
under the age of fifteen on an application signed by the
parent, guardian or other person having legal custody of
such minor.
This section shall not apply to contracts based upon the
continuance of life, such as annuity or pure endowment con-
tracts, whether or not they embody an agreement to refund,
upon the death of the holder, to his estate or to a specified
payee, any sum not exceeding the premiums paid thereon
with compound interest, nor shall it apply to contracts of
group life insurance.
Any company violating this section, or anj^ officer, agent Penalty,
or other person soliciting or effecting, or attempting to effect,
a contract of insurance contrary to the provisions hereof,
shall be punished by a fine of not more than one hundred
dollars. Approved January 26, 1952.
An Act relative to the powers of certain constables Qfiav 15
IN relation to the enforcement of motor vehicle
LAWS and regulations.
Be it enacted, etc., as follows:
The sixth sentence of section 29 of chapter 90 of the Gen- g l. (Ter.
eral Laws, as appearing in section 1 of chapter 477 of the etc!, 'amended*,
acts of 1935, is hereby amended by adding at the end the
following clause: — ; provided, however, that no constable
or special constable shall stop or arrest any person for viola-
tion of a motor vehicle law unless such constable or special
constable is in uniform or displays his badge conspicuously
on the outside of his outer coat or garment.
Approved January 26, 1952.
An Act authorizing the town of millis to use certain CJiav. 16
PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Millis is hereby authorized to
use for school purposes as much land as is necessary of the
public park contiguous to the high school situated off Main
street.
Section 2. This act shall take full effect upon its accept-
ance by said town at its next annual town meeting.
Approved January 26, 1952.
10 Acts, 1952. — Chaps. 17, 18.
Chap. 17 An Act authorizing the inhabitants of the town op
WATERTOWN TO CONSTRUCT AND MAINTAIN A PARKING LOT
ON CERTAIN LAND NOW USED FOR A TOWN DUMP.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Watertown
are hereby authorized and enabled to locate, lay out, con-
struct, use and maintain the whole or any portion or portions
of the land heretofore used by the town as a dump, known as
McNamara dump, situated in that portion of said town com-
monly called East Watertown and bounded in part by Grove
street, Coolidge avenue and Glen road, for a parking lot or
lots and a public or private way or ways.
Section 2. This act shall take full effect upon its accept-
ance by a majority of the town meeting members present
and voting thereon at an annual or special town meeting
called for the purpose. Approved January 26, 1952.
Chap. 18 An Act authorizing the town of weymouth to use
certain LAND NOW HELD FOR PLAYGROUND PURPOSES FOR
SCHOOL PURPOSES.
Be it enacted, etc., as follows. •
Section 1. The town of Weymouth is hereby authorized
to use a portion of the following described parcel of land
which was acquired by said town for playground purposes
for the purposes of constructing an addition to the James
Humphrey school : — Certain land lying easterly of the
grounds of the James Humphrey school and containing ap-
proximately three acres bounded southeasterly in part by
land of Dominick Corbo and in part by land of the said
school, westerly approximately one hundred feet by Whit-
man street; northerly approximately one hundred sixty-
five feet by land retained by Pasquale Pepe; westerly again
bound one hundred feet by land retained by said Pasquale
Pepe; northeasterly by Randall avenue and for a short
distance by land of James E. Downs; southeasterly by
land of Vincenzo Cavallo and others; land of John Costa;
and land of Dominick Corbo and also another piece of land
adjoining the above described land the same being a small
triangle belonging to Dominick Corbo and also certain other
land lying westerly of said school grounds for the same pur-
pose containing about three quarters of an acre belonging
to the estate of Christopher Skelley bounded southeasterly
by Lake street about sixty-five feet; southeasterly by land
formerly of said Skelley one hundred and fifty feet; south-
easterly again by land formerly of said Skelley one hundred
feet; southwesterly again by a private way about one hun-
dred and fifty-five feet; northwesterly by land of Pasquale
Revale; and northeasterly by the James Humphrey school
playground.
Acts, 1952. —Chaps. 19, 20. 11
Section 2. This act shall take full effect upon its accept-
ance by a majority of the town meeting members of said
town present and voting thereon at a regular or special town
meeting, but not otherwise. Approved January 26, 1952.
An Act to authorize the placing of the office of Chap. 19
CHIEF of police OF THE TOWN OF MARSHFIELD UNDER
THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The ofl&ce of chief of police of the town of
Marshfield shall, upon the effective date of this act, become
subject to the civil service laws and rules, and the tenure of
office of any incumbent thereof shall be unlimited, subject,
however, to said laws. The incumbent of said office on said
effective date shall be subjected to a qualifying examination
for said office by the division of civil service. If said incum-
bent passes said examination he shall be certified for said
office and shall be deemed to be permanently appointed
thereto without serving any probationary period, and his
tenure of office shall be unlimited, subject, however, to the
provisions of said laws.
Section 2. This act shall be submitted to the voters of
said town at the annual town meeting in the current year in
the form of the following question, which shall be placed
upon the official ballot to be used for the election of town
officers at said meeting: — "Shall an act passed by the
General Court in the year nineteen hundred and fifty-two,
entitled 'An Act to authorize the placing of the office of
chief of police of the town of Marshfield under the civil
service laws', be accepted?" If a majority of the votes in
answer to said question is in the affirmative, this act shall
take full effect, but not otherwise.
Approved Janitary 28, 1952.
An Act to establish the selectmen-town manager Phn^ 20
FORM OF GOVERNMENT IN THE TOWN OF DEDHAM. ^'
Be it enacted, etc., as follows:
Section 1. Acceptance. — This act shall be submitted
for acceptance to the qualified voters of the town of Dedham
at the first annual town election after passage of this act, in
the form of the following question which shall be placed upon
the ballot at said election: "Shall an act passed by the Gen-
eral Court in the year nineteen hundred and fifty-two en-
titled 'An Act to Establish the Selectmen-Town Manager
Form of Government in the Town of Dedham', be accepted
by the town?" If a majority of the voters voting on this
question shall vote in the affirmative, said act shall take
effect immediately for the purposes of the next annual town
election, and shall take full effect beginning with said next
election. If this act is rejected when so submitted it shall be
12 Acts, 1952. — Chap. 20.
again submitted at the next following annual town election
and if accepted shall take effect as hereinbefore provided. If
rejected for the second time it shall become void.
Section 2. Election of Selectmen. — At the first annual
town election following acceptance of this act, the qualified
voters of the town of Dedham shall elect five selectmen, of
whom two shall serve for terms of three years, two for two
years and one for one year. At each annual town election
thereafter the voters shall elect in place of those selectmen
whose terms are about to expire an equal number of select-
men to serve for terms of three years. The selectmen in
office at the time of said first election and at the time of each
subsequent election shall continue in office until their suc-
cessors are elected and qualified.
Section 3. Duties of Selectmen. — The selectmen shall
have and exercise all of the powers, duties and responsibilities
now or hereafter conferred or imposed upon boards of select-
men by any provision of law, except as otherwise specifically
provided by this act. The selectmen shall be responsible for
formulating a general policy for administering the affairs of
the town. They may advise the town manager in any mat-
ters pertaining to the duties of his office. They shall be re-
sponsible for the furnishing of information to the voters and
the public as to the affairs of the town, and may represent
the town at public gatherings. The selectmen shall require
the town manager to prepare for their approval, and they
shall adopt, subject to amendment from time to time in like
manner, a code for the administration of the town of Ded-
ham respecting any matters pertaining to the organization
of departments, offices, boards or committees under the con-
trol of the town manager and the procedures employed in
the administration thereof. The selectmen shall receive such
compensation, if any, as the town may by vote determine.
Section 4. Appointments by Selectmen. — The selectmen
shall appoint, and may remove for cause, a town manager as
hereinafter provided, a board of appeal, constables, regis-
trars of voters, election officers except the town clerk, and
the trustees of trust funds not otherwise provided for.
Section 5. Effect on Applicability of Laws and By-Laws;
Contracts. — Nothing in this act shall be construed to affect
in any manner the operation or applicability to the town of
Dedham of any general or special law now or hereafter in
effect, except so far as may be expressly provided herein.
Any by-laws in effect at the time of acceptance of this act,
in so far as they are consistent with the provisions thereof,
shall not be affected thereby, but any such by-laws, or por-
tions thereof, inconsistent therewith shall be annulled. No
contract existing and no action at law or suit in equity or
other proceeding pending at the time this act is accepted or
at the time of revocation of such acceptance shall be affected
by such acceptance or revocation.
Section 6. Election of Town Meeting Members and
Officers. — At said first annual town election, and annually
Acts, 1952. — Chap. 20. 13
thereafter, the voters shall continue to elect town meeting
members, a moderator, a school committee, members of the
Dedham housing authority and a board of selectmen as pro-
vided in section two; and unless otherwise provided by by-
law, the moderator shall continue to appoint a finance com-
mittee and such other committees as the town may authorize.
Any person elected or appointed for a specific term of years
to any office, board, commission or committee continued by
this act and holding such office at the time of acceptance of
this act shall be entitled to remain in the employ of the town
until the expiration of his term. Every elective or appointive
office, board, commission or committee not continued by
this act shall be terminated as hereinafter provided, any
other provision of the law to the contrary notwithstanding.
The term of office of any person elected to any office, board
or commission existing at the time of such acceptance and
terminated hereunder shall continue until the election next
following such acceptance and until the appointment and
qualification of his successor, if any, and thereafter the said
oJSices, boards or commissions may be terminated, under the
provisions of section fourteen, and all powers, duties and
obligations conferred or imposed thereon by law, except as
hereinafter provided, shall be conferred and imposed upon
the selectmen and exercised by the town manager.
Section 7. School Committee. — Nothing in this act
shall be construed to affect the powers and duties of the
school committee as provided by law; provided, however,
that said committee may make an agreement with the select-
men whereby the town manager shall be assigned responsi-
bility for the maintenance or repair of school buildings or
grounds, the purchase of any supplies or equipment, or the
preparation of any plans for construction or improvement of
school buildings or property or the supervision of such work.
Section 8. Powers and Duties of Certain Officers. —
Ofiicers, boards, commissions and committees under the
supervision of the town manager shall possess all the powers
and rights and shall be subject to all the duties and liabilities
specifically conferred or imposed by any applicable provision
of law upon them or upon officers, boards, commissions or
committees having corresponding powers and duties, but in
the performance thereof, they shall be subject to the general
supervision of the town manager. They shall be sworn to
the faithful performance of their duties by the chairman of
the selectmen or by a justice of the peace.
Section 9. Multiple Offices. — The town manager, or a
member of the board of selectmen or of the school committee
or of the finance committee shall, during the term for which
he was elected or appointed, be ineligible either by election
or appointment to hold any other town office or employment.
The town accountant shall not be eligible to hold the posi-
tion of town treasurer or the position of town collector.
Section 10. Appointment of Town Manager. — Forth-
with after the election of the selectmen first elected under
14 Acts, 1952. — Chap. 20.
the provisions of this act, or after a vacancy occurs in the
office of town manager, the selectmen shall appoint, for a
term of three years, a town manager who shall be a person
especially fitted by education, training and experience to
perform the duties of the office. He need not be a resident
of the town or of this commonwealth when appointed but
shall, if so requested by the board of selectmen, reside in the
town during his term of office. He shall not during one year
prior to his appointment have held any elective office in the
town of Dedham. He may be appointed for successive terms
of office. Before entering upon the duties of his office the
town manager shall be sworn to the faithful and impartial
performance thereof by the chairman of the selectmen.
Section 11. Appointment of Temporary Manager. —
Pending the appointment of a town manager or the filling of
any vacancy, or during any suspension of a town manager,
the selectmen shall appoint, for a period not exceeding a
total of ninety days, a suitable person to perform the duties
of the office.
Section 12. Removal of Manager. — The selectmen, bj'^
an affirmative vote of at least three members of the board,
may remove the town manager by written notice delivered
to him forthwith and to become effective in thirty days from
the date of said notice, copy of which shall be filed with the
town clerk, setting forth in detail the specific reasons for his
removal.
The manager, in writing within the said thirty days, may
request a public hearing. If the manager so requests, the
board of selectmen shall hold a public hearing not earlier
than twenty days nor later than thirty days following re-
ceipt of such request. After such public hearing, if any, and,
after full consideration, the selectmen, by an affirmative
vote of at least three members of the board, may adopt a
final resolution of removal which shall become effective
forthwith. If such final resolution is not so adopted by the
board of selectmen, any suspension hereunder shall be ter-
minated and the town manager shall continue in office as
though no action for removal had taken place.
The selectmen may, at any time after a notice of removal
has been delivered, suspend the manager from duty, but
shall in any case cause to be paid to him forthwith any ac-
crued salary and may at their discretion pay his salary for a
period not exceeding three months following the notice of
his removal.
Section 13. Compensatian of Manager. — The town
manager shall receive such compensation, not exceeding the
amount appropriated therefor, as the selectmen shall de-
termine.
Section 14. Powers and Duties of Manager. — In addi-
tion to any specific powers and duties provided in this act
the town manager shall have the general powers and duties
enumerated in this section : —
(a) The town manager shall be responsible for super-
Acts, 1952. — Chap. 20. 15
vising the administration of all departments and activities
of the town except those headed by officers, boards, com-
mittees or commissions elected by the voters or appointed by
the selectmen or by the moderator.
(b) The town manager, in accordance with the provisions
of this act and except as otherwise expressly prohibited by
the General Laws, may reorganize, consolidate or abolish
departments, commissions, boards or offices under his super-
vision, in whole or in part, may establish such new depart-
ments, commissions, boards or offices as he deems necessary,
and, in so doing, may transfer the duties and powers and, so
far as possible in accordance with the vote of the town, the
appropriation of one department, commission, board or
office to another.
(c) Except as otherwise provided by this act, the town
manager shall appoint upon merit and fitness alone, for such
terms of office, if any, as he may deem appropriate, and may
for cause, subject to the provisions of chapter thirty-one of
the General Laws, where applicable, remove: a town clerk,
a town counsel, a board of assessors, a treasurer, a town
collector, a director of public works, a board of health, a
board of public welfare, a board of tiTistees of the public
library, a chief of the fire department, a chief of the police
department, a planning board and such other officers and
employees as he may deem necessary to carry out the powers
and duties imposed upon him by this act, except that each
department head may appoint and remove employees in his
department.
Officers and employees not subject to chapter thirty-one
of the General Laws may be suspended from duty but shall
not be removed by the town manager or any department head
except on thirty days' notice in writing setting forth the
cause of such removal. Such officer or employee shall, during
said thirty days, have the right of appeal to the board of
selectmen which shall act as a board of appeal, and said
board shall, after full consideration, make a decision which
shall be final.
(d) The town manager shall fix the compensation of all
town officers and employees within the scope of his super-
vision, subject to any applicable provisions of chapter thirty-
one, and, if applicable, of section one hundred and eight A of
chapter forty-one of the General Laws.
(e) It shall be the duty of the town manager to attend all
regular meetings of the board of selectmen except meetings
at which his removal is being considered.
(/) The town manager shall keep full and complete
records of his office, and shall render as often as may be re-
quired by the selectmen a full report of any operations under
his supervision.
(g) The to\\Ti manager shall keep the selectmen fully ad-
vised as to the needs of the town and shall recommend to the
selectmen for adoption such measures requiring action by
them or by the town as he may deem necessary or expedient.
16 Acts, 1952. — Chap. 20.
(h) The town manager shall have jurisdiction over and be
responsible for the planning, construction, reconstruction,
alteration, repair, improvement, use and rental of all town
property except as hereinbefore provided with respect to
schools and except as otherwise specifically voted by the
town.
(i) Except as otherwise provided by this act, the town
manager shall purchase all supplies, materials and equip-
ment, and shall award all contracts for all departments and
activities of the town; provided, however, that any such
contract involving an amount in excess of five thousand dol-
lars shall be subject to the approval of the board of selectmen.
(j) The town manager shall administer, either directly or
through a person or persons appointed by him in accordance
with this act, all provisions of general and special law ap-
plicable to the town of Dedham and all by-laws of the town,
within the scope of his duties, and all regulations by the
selectmen.
(k) The town manager shall, with the approval of the
selectmen, have the authority to prosecute, defend and com-
promise all litigation to which the town is a party, and to
employ special counsel whenever in his judgment it may be
necessary.
(I) The town manager shall perform such other duties,
consistent with his office, as may be required of him by the
by-laws or vote of the town or by vote of the selectmen.
(w) The town manager shall have access to all town books,
records and papers for information necessary for the proper
performance of his duties. He may without notice cause the
affairs of any department or activity under his control or
the conduct of any officer or employee appointed by him to
be examined.
Section 15. Designation of Acting Manager. — The town
manager shall, by letter filed with the town clerk, designate
a qualified employee of the town, subject to the approval of
the selectmen, to perform his duties during his temporary
absence or disability. In the event the manager should fail
to make such designation, the selectmen shall so designate a
qualified town employee to perform the duties of the town
manager until he shall return or his disability shall cease.
Section 16. Approval of Warrants. — Warrants for the
payment of all town funds prepared by the town accountant
in accordance with the provisions of section fifty-six of chap-
ter forty-one of the General Laws shall be submitted to the
board of selectmen. The approval of any such warrant by
the board of selectmen shall be sufficient authority to au-
thorize payment by the town treasurer. The board of select-
men may, at their discretion, delegate to the manager the
authority to approve the said warrants.
Section 17. Investigation of Claims. — Whenever any
claim against the town is presented, the town manager shall,
if the same seems to him to be valid, not excessive in amount,
or otherwise contrary to the interests of the town, approve it.
Acts, 1952. — Chap. 20. 17
Otherwise he shall refer it to the selectmen who shall imme-
diately investigate the facts and determine what, if any,
payment should be made. Pending such investigation and
determination by the selectmen, payment shall be withheld.
Section 18. Contracts of Toivn Officers with the Town. —
It shall be unlawful for any selectman, the town manager,
or any other elective or appointive official of the town,
directly or indirectly, to make a contract with the town, or
to receive any commission, discount, bonus, gift, contribu-
tion or reward from, or any share in the profits of, any per-
son or corporation making or performing such a contract,
unless the official concerned, inunediately upon learning of
the existence of such contract, or that such a contract is pro-
posed, shall notify the selectmen in writing of the contract
and of the nature of his interest therein and shall abstain
from doing any ofiicial act on behalf of the town in reference
thereto. In case such interest exists on the part of an officer
whose duty it is to make such a contract on behalf of the
town, the contract may be made by another officer of the
town duly authorized thereto by vote of the selectmen.
Violation of any provision of this section shall render the
contract in respect to which such violation occurs voidable
at the option of the town.
Section 19. Annual Budget. — All officers, boards and
commissions, except the school committee, of the town shall
submit to the town manager in writing detailed estimates of
appropriations required for the efficient and proper conduct
of their respective departments and offices and such further
information, in such form and at such times, as the manager
may require. Not less than thirty days prior to the date
set by the finance committee each year for review of the
annual budget, the town manager shall prepare and submit
to the finance committee a budget for the ensuing year and
any supplementary information in such form and detail as
they deem necessary or the town may require by by-law.
Section 20. Investigations or Surveys. — For the purpose
of making investigations or surveys, the town manager may
expend such sums for the employment of experts, counsel
and other assistants, and for other expenses in connection
therewith, as the town may appropriate for such purpose.
Section 21. Revocation. — At any time after the expira-
tion of three years from the date of acceptance of this act,
a petition signed by not less than ten per cent of the regis-
tered voters of the town may be filed with the selectmen, re-
questing that the question of revoking the acceptance of
this act be submitted to the voters at the following annual
town election. The selectmen shall thereupon direct the
town clerk to cause the said question to be printed on the
official ballot to be used at the next annual town election in
the following form: — "Shall the acceptance by the town of
Dedham of an act passed by the General Court in the year
nineteen hundred and fifty- two, entitled 'An Act to establish
the Selectmen-Town Manager Form of Government in the
18 Acts, 1952. — Chap. 21.
Town of Dedham', be revoked?" If such revocation is
favored by a majority of the voters voting thereon, this act
shall cease to be operative on and after the next annual town
election except as hereinafter provided. All general laws
respecting town administration and town officers, and any
special laws relative to said town, the operation of which has
been suspended or superseded by acceptance of this act, shall
be revived forthwith for the purposes of the next following
town election and shall be revived in their entirety on and
after said election. By-laws in force when such revocation
takes effect, so far as they are consistent with general laws
respecting town administration and town officers and with
special laws relating to said town, shall not be affected
thereby, but any other by-laws inconsistent with such gen-
eral or special laws shall be annulled. If such revocation is
not favored by a majority of the voters voting thereon, no
further petition therefor shall be filed under this section
oftener than once in every three years thereafter.
Approved January 30, 1952.
Chap. 21 An Act authorizing the placing of the office of chief
OF police of the town of north reading under the
CIVIL service laws.
Be it eruLcted, etc., as follows:
Section 1. The office of chief of police of the town of
North Reading shall, upon the effective date of this act, be-
come subject to the civil service laws and rules relating to
police officers in towns and the tenure of office of any in-
cumbent thereof shall be unlimited, subject, however, to
said laws and rules. The incumbent of said office on Janu-
ary first, nineteen hundred and fifty-two, shall be subjected
to a qualifying examination for said office by the division of
civil service. If said incumbent passes said examination, he
shall be certified for said office and shall be deemed to be
permanently appointed thereto without serving any pro-
bationary period, and his tenure of office shall be unlimited,
subject, however, to the provisions of said laws and rules.
Section 2. This act shall be submitted to the voters of
said town at the annual town meeting or a special town
meeting in the current year in the form of the following
question, which shall be placed, in the case of an annual
meeting, upon the official ballot to be used for the election of
town officers at said meeting, or in case of a special town
meeting, upon the ballot to be used at said meeting : —
"Shall an act passed by the General Court in the year
nineteen hundred and fifty-two, entitled 'An Act Authorizing
the Placing of the Office of Chief of Police of the Town of
North Reading under the Civil Service Laws,' be accepted?"
If a majority of the votes in answer to said question is in the
, affirmative, this act shall take full effect, but not otherwise.
Approved January 30, 1952.
Acts, 1952. — Chaps. 22, 23. 19
An Act authorizing the town of nantucket to borrow (jJmj) 22
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Nantucket is hereby authorized
to place on the official ballot to be used at the annual town
election, or at a special town election called for the purpose,
in said town in the current year, the following question : —
"Shall the town vote to raise and appropriate the sum of
eight hundred thousand dollars for the purpose of construct-
ing a high school building or buildings, according to plans
and specifications drawn by the firm of Anderson-Nichols &
Company of Boston, on land owned by the town, and for
originally equipping and furnishing said building or build-
ings: to appropriate the sum of twenty thousand dollars
from the excess and deficiency account; and to authorize
the treasurer, with the approval of the selectmen, to borrow
the sum of five hundred thousand dollars under authority of
chapter forty-four of the General Laws and the sum of two
hundred and eighty thousand dollars under authority of chap-
ter six hundred and forty-five of the acts of nineteen hundred
and forty-eight, as amended by chapter four hundred and
forty-seven of the acts of nineteen hundred and fifty-one,
and to issue bonds or notes of the town therefor, said bonds
or notes to be payable in accordance with the provisions of
chapter forty-four of the General Laws so that the whole
loan shall be paid in not more than twenty years from date
of issue of the first bond or note? " If two thirds of the votes
on said question are in the affirmative, the appropriation of
eight hundred thousand dollars for the above purposes shall
take effect forthwith ; but not otherwise.
Section 2. Any action taken by the town of Nantucket
at a meeting during the current year shall be as valid and
effective as though this act were in full force and effect at
the time of the posting of the warrant for said meeting.
Approved January 31, 1952.
An Act authorizing the town of wayland to use cer- (Jfiap 23
tain park land for school purposes.
Be it enacted, etc., as follows:
Section 1. The town of Wayland is hereby authorized
to use for school and school yard purposes an additional por-
tion of the town playground, so called, located in the center
of said town adjacent to a portion of said playground now
being used for school purposes under authority granted by
chapter forty-nine of the acts of nineteen hundred and thirty-
four and chapter tliree hundred and fourteen of the acts of
nineteen hundred and forty-eight, said additional portion
being bounded and described as follows: —
Beginning at the southwesterly corner of property of Allen
H. Morgan, thence running southwesterly, by park land three
20 Acts, 1952. — Chaps. 24, 25.
hundred and fifty-two and thirty-six hundredths feet to a
point; thence running northwesterly, by park land five hun-
dred and twenty-eight and ninety-two hundredths feet to a
point; thence running southeasterly, by school land of the
town of Way land four hundred and sixty-four feet to a point;
thence running northeasterly, by said school land two hun-
dred and sixteen and sixteen hundredths feet to the point of
beginning; all as shown on a plan entitled "Plan of Land in
Wayland, Mass. Park Land to be Used for School Purposes"
dated Dec. 4, 1951 by Everett M. Brooks Co., Civil Engi-
neers, to be recorded.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1962.
Chap. 24 An Act authorizing the town of wayland to use cer-
tain PARK LAND FOR CEMETERY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Wayland is hereby authorized
to use for cemetery purposes a portion of the park land lo-
cated adjacent to Lakeview cemetery in said town, said por-
tion being bounded and described as follows : —
Beginning at the southwesterly corner thereof at the in-
tersection of land of Lakeview cemetery, of the Common-
wealth of Massachusetts, and of said park land; thence
running northeasterly, by said Lakeview cemetery about
three hundred and thirty feet to a corner; thence running
northerly, by said Lakeview cemetery one hundred and
ninety-eight and ninety-four one hundredths feet to a point;
thence running southwesterly, by the remaining land of said
park about three hundred and eighty-seven feet to a point;
thence running southerly, along the line between said park
and land of the Commonwealth of Massachusetts and an
extension of said line one hundred and seventy-five feet to
the point of beginning; all as shown on a plan entitled "Plan
of Land in Wayland, Mass. Park Land to be used for Ceme-
tery Purposes" dated Dec. 5, 1951, by Everett Brooks Co.,
Civil Engineers, to be recorded.
The land so used shall be under the same care and control
as other cemetery property.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chap. 25 An Act relative to further stay of judgment and
execution in actions of summary process.
Emergency Whercas, The deferred operation of this act would tend in
preamble. ^^^ ^^ defeat its purpose, which is to provide the courts with
further discretionary authority to prevent serious hardships
in eviction cases arising out of the present severe housing
shortage, therefore it is hereby declared to be an emergency
Acts, 1952. — Chap. 26. 21
law, necessary for the immediate preservation of the public
health and convenience.
Be it enacted, etc., as follows:
Section 2 of chapter 43 of the acts of 1946, as most recently
amended by chapter 30 of the acts of 1951, is hereby further
amended by striking out, in hne 3, the word "fifty-two" and
inserting in place thereof the word: — fifty-four, — so as to
read as follows: — Section 2. This act shall become inoper-
ative on March thirty-first, nineteen hundred and fifty-four.
Approved February 4, 1952.
An Act relative to the sale by the city of boston (JJku) 26
OF certain buildings relocated by it in the east ^'
BOSTON district OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. Any provision or provisions of general or
special law to the contrary notwithstanding, the city of
Boston, acting by its treasurer, without further authority
than that contained in this act, is hereby authorized and
directed to dispose of every building relocated by it under
section one of chapter one hundred and ninety-one of the
acts of nineteen hundred and forty-nine and of the lot upon
which such building has been relocated either (a) by private
sale to the person or persons who owned the building at the
time of its acquisition for the purposes of chapter six hun-
dred and ninety-two of the acts of nineteen hundred and
forty- five, as amended, or any of them, or to any heir or
devisee of any such person, or to a person residing in the
building at such time, for such sum as said treasurer shall
determine to be just and equitable, or (b) by sale to the
highest bidder at a public auction at which the auctioneer
shall be the auctioneer in the office of the board of real estate
commissioners of said city and at which the right may be re-
served to reject all bids below such sum. The treasurer of
said city shall, in the name and behalf of said city, execute
and deliver any deed necessary to effectuate any sale under
this act. Section sixty-three of chapter forty-four of the Gen-
eral Laws shall not apply to the proceeds of any such sale;
but said proceeds may be used for general municipal pur-
poses. No private sale shall be made under this act, unless
the terms of the proposed sale, together with all pertinent
facts, shall have been submitted to the Boston finance com-
mission at least ten days before such sale. A certificate of
compliance with the provisions of the preceding sentence
made by the secretary or chairman of the Boston finance
commission and annexed to any deed executed under this
act shall be conclusive evidence of such compliance. A re-
cital in any deed executed under this act that the grantee
named therein is a person who owned the building at the
time of its acquisition for the purposes of chapter six hun-
dred and ninety-two of the acts of nineteen hundred and
22 Acts, 1952. — Chaps. 27, 28.
forty-five, as amended, or the heir or devisee of such a per-
son, or a person residing in the building at such time, or the
highest bidder at a pubhc auction, shall be conclusive evi-
dence of such fact.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chav. 27 An Act authorizing the dennis water district to ap-
propriate AND PAY A SUM OF MONEY TO E. ROSCOE ALLEN
FOR MONEY EXPENDED BY HIM FOR A WATER MAIN EX-
TENSION.
Be it enacted, etc., as follows:
Section 1. The Dennis Water District is hereby au-
thorized to appropriate the sum of three hundred and nine
dollars and pay the same to E. Roscoe Allen of the town of
Dermis to reimburse him for money expended by him for a
water main extension along a town way, said reimbursement
having been voted by said district under Article 21 of its an-
nual warrant on March twenty-first, nineteen hundred and
fifty-one.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chav. 28 An Act relative to the tenure of office of the pres-
ent CHIEF OF police OF THE TOWN OF STURBRIDGE.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of chief of police
in the town of Sturbridge on the effective date of this act
shall hold office during good behavior unless incapacitated by
physical or mental disability from performing the duties of
chief of police and until the selectmen shall remove him there-
from in accordance with the provisions of chapter thirty-one
of the General Laws, and the rules made thereunder, relative
to removals from the classified public service. Whenever the
tenure created by this act shall terminate, the selectmen of
said town shall appoint a successor to the said incumbent,
who shall hold office under the provisions of chapter forty-
one of the General Laws.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
year nineteen hundred and fifty-two in the form of the fol-
lowing question, which shall be placed upon the official bal-
lot to be used for the election of town officers at said meeting :
— "Shall an act passed by the General Court in the year
nineteen hundred and fifty-two, entitled 'An Act relative to
the tenure of office of the present chief of police of the town
of Sturbridge' be accepted?" If a majority of the votes in
answer to said question is in the affirmative, then this act
shall thereupon take full effect, but not otherwise.
Approved February 4, 1952.
Acts, 1952. — Chaps. 29, 30. 23
An Act to authorize the placing of the office of Qfiav. 29
JANITOR IN the SEVERAL PUBLIC SCHOOL BUILDINGS AND
IN THE COMBINED TOWN HALL AND HIGH SCHOOL BUILD-
ING IN THE TOWN OF SOUTH HADLEY UNDER THE CIVIL
SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of janitor in the several public
school buildings and in the combined town hall and high
school building in the town of South Hadley shall, upon the
effective date of this act, become subject to the civil service
laws and rules, and the term of office of any incumbent thereof
shall be unlimited, except that he may be removed in accord-
ance with such laws and rules; but any person holding said
office on said effective date may continue therein ; provided,
that he passes a qualifying examination to be given by the
division of civil service.
Section 2. Chapter 60 of the acts of 1951 is hereby re-
pealed.
Section 3. This act shall be submitted for acceptance to
the voters of said towTi at the next annual town meeting in
the form of the following question, which shall be placed upon
the official ballot to be used for the election of town officers at
said meeting: — "Shall an act passed by the General Court
in the year nineteen hundred and JBf ty-two, entitled 'An Act
to authorize the placing of the office of janitor in the several
public school buildings and in the combined town hall and
high school building in the tOAvn of South Hadley under the
civil service laws', be accepted?" If a majority of the votes
in answer to said question is in the affirmative, this act shall
thereupon take full effect, but not otherwise.
Approved February 4, 1952.
An Act providing for a five day work week for police Chap. 30
OFFICERS OF THE TOWN OF NEEDHAM.
Be it enacted, etc., as follows:
Section 1, Notwithstanding any other provision of gen-
eral or special law, the services of all police officers of the
town of Needham shall be restricted to five days in any one
week; provided, that, in case of any public emergency, or of
any unusual demand for the services of said police, service in
excess of five days may be authorized by the chief of police,
and such additional services shall be compensated for as
overtime. The compensation payable to any police officer
shall not be reduced by reason of acceptance of this act.
Section 2. This act shall be submitted to the registered
voters of the town of Needham at the annual town election
in the current year in the form of the following question
which shall be placed upon the official ballot to be used in
said town at said election: — "Shall an act passed by the
24 Acts, 1952. — Chaps. 31, 32.
General Court in the year nineteen hundred and fifty-two,
entitled 'An Act providing for a five day work week for police
officers of the town of Needham' be accepted?" If a ma-
jority of the votes in answer to said question is in the affirm-
ative, this act shall take full effect on May first, nineteen
hundred and fifty-two, but not otherwise.
Approved February 4, 1952.
Chap. 31 An Act authorizing the directors of the mutual sav-
ings CENTRAL FUND, INC. TO REDUCE OR W^AIVE ANNUAL
ASSESSMENTS.
Be it enacted, etc., as follows:
Section 1 of chapter 43 of the acts of 1934, as most re-
cently amended by section 2 of chapter 149 of the acts of
1939, is hereby further amended by striking out the third
sentence, and inserting in place thereof the following sen-
tence:— On October first, nineteen hundred and thirty-nine,
and on October first of each year thereafter while a member
bank, such bank shall pay to the corporation an annual as-
sessment equal to one sixteenth of one per cent of its deposits,
exclusive of its club deposits, as shown by its last preceding
annual report to the commissioner; provided, however, that
the directors may, with the approval of the commissioner, by
action taken not more than sixty days prior to the first of
October of each year reduce the rate of said annual assess-
ment or waive the same. Approved February 4, 1952.
Chap. 32 An Act relative to the filing and indexing of bus-
iness CERTIFICATES AND THE FORM OF SUCH CERTIFI-
CATES.
Be it enacted, etc., as follows. •
G. L (Ter. SECTION 1. Chapter 110 of the General Laws is hereby
etc!, amended', amended by striking out section 5, as amended by section
15 of chapter 550 of the acts of 1948, and inserting in place
Filing of thereof the following: — Section 5. Any person conducting
stating^eai business in the commonwealth under any title other than the
^Mon^dofng ^^^^ name of the person conducting the business, whether in-
business^ (iividually or as a partnership, shall file in the office of the
^^ ^^ ' clerk of every city or town where an office of any such per-
son or partnership may be situated a certificate stating the
full name and residence of each person conducting such busi-
ness, the place, including street and number, where, and the
title under which, it is conducted, and pay the fee as provided
by clause (20) of section thirty-four of chapter two hundred
and sixty-two. A person who has filed such a certificate shall,
upon his discontinuing, retiring or withdrawing from such
business or partnership, or in the case of a change of resi-
dence of such person or of the location where the business
is conducted, file in the office of said clerk a statement under
Acts, 1952. — Chap. 33. 25
oath that he has discontmued, retired or withdrawn from
such business or partnership, or of such change of his resi-
dence or change of the location of such business, and pay the
fee required by clause (21) of said section thirty-four. In the
case of the death of such a person, such statement may be
filed by the executor or administrator of his estate. The clerk
shall keep a suitable index of all certificates so filed with him,
setting forth the pertinent facts, including a reference to any
statement of discontinuance, retirement or withdrawal from,
or change of location of, such business, or change of residence
of such person. Violations of this section shall be punished by Penalty.
a fine of not more than one hundred dollars for each month
during which such violation continues.
Section 2. Section 34 of chapter 262 of the General Laws g. l. (Ter.
is hereby amended by striking out clause (21), as appearing § 34.' etc..'
in section 1 of said chapter 550 of the acts of 1948, and in- amended.
serting in place thereof the following : —
(21) For the filing by a person conducting business under Fee.
any title other than his real name of a statement of change
of his residence, or of his discontinuance, retirement or with-
drawal from, or of a change of location of, such business, fifty
cents. Approved February 4, 1952.
An Act relative to the tenure of office of the pres- C^av. 33
ENT treasurer OF THE TOWN OF ARLINGTON.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of treasurer in the
town of Arlington, on the effective date of this act, shall hold
office during good behavior unless incapacitated by physical
or mental disability from performing the duties of treasurer
and until the selectmen shall remove him therefrom in accord-
ance with the provisions of chapter thirty-one of the General
Laws, and the rules made thereunder, relative to removals
from the classified public service. Any vacancy in the office
of treasurer in said town while said incumbent is holding of-
fice during good behavior as provided by this act shall be
filled by election by a vote of a majority of its selectmen,
and said treasurer shall serve until the next regular town
election, at which election a treasurer shall be elected as pro-
vided by law.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
current year, or in the year following its enactment, in the
form of the following question, which shall be placed upon
the official ballot to be used for the election of town officers
at said meeting: — "Shall an act passed by the General
Court in the year nineteen hundred and fifty-two, entitled
'An Act Relative to the Tenure of Office of the Present
Treasurer of the Town of Arlington' be accepted?" If a
majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon take full effect,
but not otherwise. Approved February 5, 1952.
26
Acts, 1952. — Chaps. 34, 35.
Emergency
preamble.
Chap. 34 An Act relative to credit extension to policyholders
OF MUTUAL FIRE INSURANCE COMPANIES.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to provide forthwith for the
extension of credit to poHcyholders of mutual fire insurance
companies, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 81 of chapter 175 of the General Laws, as appear-
ing in the Tercentenary Edition, is hereby amended by
adding at the end of the first sentence the following : — ; pro-
vided, that this section shall not be construed to prohibit
extension of credit to policyholders with respect to such
premium, — so as to read as follows: — Section 81. Mu-
tual fire companies, except as provided in the following
section, shall charge and collect upon their policies a full
mutual premium in cash or, except as provided in section
seventy-three, in notes absolutely payable; provided, that
this section shall not be constmed to prohibit extension of
credit to policyholders with respect to such premium. Any
such company shall in its by-laws and policies fix the con-
tingent mutual liability of its members for the payment of
losses and expenses not provided for by its cash funds, which
liability shall not be less than an amount equal to and in
addition to the cash premium written in his policy. The
total amount of the liability of the policyholder shall be
plainly and legibly stated upon the filing-back of each policy.
Whenever any reduction is made in the contingent liability
of members, such reduction shall apply proportionally to all
policies in force. Approved February 8, 1952.
G. L. (Ter.
Ed.), 175, I 81,
amended.
Credit exten-
sion to policy-
holders of
mutual fire
insurance
companies,
authorized.
Chap. 35 An Act relative to the trustees of a fund for the
BENEFIT OF CERTAIN PERSONS WHO CONSTITUTED COM-
PANY F, SIXTH INFANTRY, MASSACHUSETTS NATIONAL
GUARD ON APRIL SIXTH, NINETEEN HUNDRED AND SEVEN-
TEEN.
Emergency
preamble.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which is in part to provide for the im-
mediate disbursement of the funds referred to therein,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
The trustees appointed under the provisions of chapter
one hundred and forty-five of the acts of nineteen hundred
and twenty-nine, as amended by chapter one hundred and
ten of the acts of nineteen hundred and forty-five, are hereby
authorized to disburse any remaining funds held by them as
such trustees for the erection of a plaque commemorating
Acts, 1952. — Chap. 36. 27
the ofl5cers and men of Company F, Sixth Regiment, Massa-
chusetts Volunteer Militia, and for such other purposes as
the trustees, in their discretion, deem fitting and proper for
the commemoration of said officers and men. Any disburse-
ment by the trustees hereunder shall be subject to the
approval of the adjutant general.
Approved February 8, 1952.
An Act relative to the establishment of a water (Jfidj) 35
SYSTEM IN THE TOWN OF BLACKSTONE.
Be it enacted, etc., as follows:
Section 1. The votes adopted at the special town meet-
ing of the inhabitants of the town of Blackstone held August
fourth, nineteen hundred and fifty-one, and at the adjourned
session thereof held August eighteenth, nineteen hundred
and fifty-one, are hereby validated and confirmed; and the
issuance and sale, by the town treasurer with the approval
of the selectmen, of four hundred thousand dollars aggregate
principal amount of bonds or notes for the purposes set forth
in the vote adopted under article three of the warrant for
said special town meeting are hereby authorized.
Section 2. Of the proceeds received from the sale of
said bonds or notes, less any premium arising upon such
sale, the sum of twenty-five thousand dollars and such
additional amount, if any, as may be determined by the
water commissioners of said town, shall be set aside by the
town treasurer for the purpose of paying for the water
system of the city of Woonsocket, Rhode Island, located
within the boundaries of the town of Blackstone; provided,
however, that if no agreement with said city of Woonsocket
to acquire said water system is made or the acquisition is
not otherwise effected within fifteen months from the effec-
tive date of this act, or if the sum so set aside exceeds the
amount ultimately paid to the city of Woonsocket for the
aforesaid water system, the said sum or the surplus thereof,
as the case may be, shall be devoted to the other purposes
designated in the vote authorizing the issuance of said bonds
or notes. The town treasurer shall notify the water com-
missioners when he receives payment for said bonds or
notes, and said commissioners shall, within fifteen days
thereafter, inform him in writing of their determination re-
specting the sum to be set aside as herein provided.
Section 3. Before a written agreement is entered into
by the town of Blackstone with the city of Woonsocket,
Rhode Island, for the purchase and sale of said water system,
the price to be paid therefor shall be fixed by the voters of
said town at a duly called and held annual or special town
meeting; provided, however, that said voters may fix a
maximum price and may authorize the purchase to be made
for any lesser sum which may be agreed upon by the water
commissioners and said city of Woonsocket.
28 Acts, 1952. — Chaps. 37, 38.
Section 4. So much of the provisions of section four of
chapter six hundred and four of the acts of nineteen hundred
and ten, and of section seven of chapter six hundred and
twenty-five of the acts of nineteen hundred and fifty, as
are inconsistent herewith are hereby repealed.
Section 5. This act shall take effect upon its passage.
Approved February 8, 1952.
Chap. 37 An Act validating certain acts and proceedings of
THE TOWN OF ADAMS AND OF ITS PARK COMMISSION, AND
relative to the election of the members of SAID
COMMISSION.
Be it enacted, etc., as follows:
Section 1. The election of the persons holding office on
the effective date of this act as members of the park com-
mission of the town of Adams, established under authority
of section fourteen of chapter forty-five of the General Laws,
and all acts and proceedings done or taken by said park
commission, and all acts and proceedings of said town, in so
far as such election, acts and proceedings may be invalid
by reason of the election of any of the members of said com-
mission, with respect to their terms of office or otherwise,
not conforming to the vote of the town providing for such
election, are hereby confirmed and made valid.
Section 2. At the annual town election of the town of
Adams in the current year, three members of the park com-
mission shall be elected for terms of three years each, and
annually thereafter there shall be elected a member or
members thereof for a term of three years in the place of
those whose terms are to expire.
Section 3. This act shall take effect upon its passage.
Approved February 8, 1952.
Chap. 38 An Act relative to the power of cities and towns to
BORROW money FOR THE PAYMENT OF CERTAIN PREMIUMS
ON FIRE INSURANCE POLICIES.
Be it enacted, etc., as follows:
Edo,' il.l"?. Clause (16) of section 7 of chapter 44 of the General Laws,
etc., 'amended, as most recently amended by section 2 of chapter 181 of the
acts of 1951, is hereby further amended by striking out, in
line 5, the word "fifth" and inserting in place thereof the
word: — fourth, — so as to read as follows: —
Power to (16) For the payment of premiums for fire insurance,
fo°r"certJi'n"^^ contracts or policies covering a period of five years, four
muToser years. No loan shall be authorized in any year under the
regulated. provisions of this clause unless a sum equal to at least one
fourth of the entire amount authorized to be borrowed has
been appropriated from available revenue funds or voted
to be raised by taxation, for the purposes set forth, in the
year when the loan is authorized.
Approved February 8, 1952.
Acts, 1952. — Chaps. 39, 40. 29
An Act relative to absentee ballots. Chav 39
Be it enacted, etc., as follows:
Section 1. Section 94 of chapter 54 of the General Laws, g. l. (Xer.
as appearing in the Tercentenary Edition, is hereby amended amended^ ^^'
by striking out, in Une 6, the word "before" and inserting in
place thereof the words : — within one hour after, — so as to
read as follows: — Section 94- Upon receipt of an envelope Delivery of
purporting to contain an official absent voting ballot, the baUo'ts?^
clerk of the city or town shall attach thereto the application regulated.
for an official absent voting ballot executed by the voter
whose name appears thereon and certified by the registrars
of voters. All such envelopes shall be preserved unopened.
Upon election day within one hour after the hour for the
closing of the polls the said clerk shall deliver all envelopes
received by him to the election officers in the several voting
precincts where the voters named therein assert the right to
vote.
Section 2. Section 95 of said chapter 54, as most recently g. l. (Xer.
amended by section 5 of chapter 466 of the acts of 1945, is etc!, 'amended'.
hereby further amended by striking out, in line 1, the word
"Immediately" and inserting in place thereof the words: —
Within one hour.
Section 3. The first paragraph of section 105 of said g. l. (Xer.
chapter 54, as appearing in the Tercentenary Edition, is f'los,^^'
hereby amended by inserting before the last sentence the amended.
following sentence : — When absent voting ballots have been Duties of
cast, the clerk shall amend the ballot box register and the '''*''*'°° ''^^''^■
number of names checked on the voting list to include the
absent voting ballots deposited in the ballot box under the
provisions of section ninety-five.
Approved February 8, 1952.
An Act providing tenure of office for edward c.
carroll, incumbent of the office of highway
surveyor of the town of milford.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Edward C. Carroll,
incumbent of the ofiice of highway surveyor of the town of
Milford, shall, upon the effective date of this act, be un-
limited, and he may be removed therefrom only in the
manner provided by section three of this act. If said in-
cumbent shall cease to hold office as provided by this act,
his successor shall be elected bj'^ vote of a majority of the
selectmen, and said highway surveyor shall serve until the
next regular town election, at which election a highway
surveyor shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance
to the voters of said town of Milford at the annual town
meeting in the current year in the form of the following
question, which shall be placed upon the official ballot to
Chap. 40
30 Acts, 1952. — Chap. 41.
be used for the election of town officers at said meeting : —
"Shall Edward C. Carroll, the present incumbent of the
office of highway surveyor of the town of Milford, be given
life tenure?" If a majority of the votes in answer to said
question is in the affirmative, then this act shall thereupon
take full effect, but not otherwise.
Section 3. At any time after the expiration of one year
from the date on which this act is accepted, and not less
than sixty days prior to the annual town meeting, a petition,
signed by not less than ten per cent of the registered voters
of the town, may be filed with the selectmen, requesting
that the question of revoking the acceptance of this act be
submitted to the voters. Thereupon the selectmen shall
cause the question of revocation of the' acceptance to be
placed on the official ballot used for the election of town
officers at said meeting in the form of the following ques-
tion:— "Shall the action of the town of Milford in the
year nineteen hundred and fifty-two in voting life tenure to
Edward C. Carroll, highway surveyor of the town of Milford,
be revoked?" If such revocation is favored by a majority
of the voters voting thereon, the acceptance of this act
shall be revoked and this act shall become null and void
beginning with the first day of the month next following
such revocation.
Section 4. This act shall take effect upon its passage.
Approved February 13, 1952.
Chap. 41 An Act authorizing the towns of abington and rock-
land TO BORROW certain SUMS, FOR THE PURPOSE OF
REPAIRING THE STANDPIPE OF THEIR JOINT WATER SYSTEM.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provisions of law, the
towns of Abington and Rockland are hereby authorized
each to borrow a sum not in excess of six thousand dollars,
irrespective of any debt limitation imposed by law upon
said towns, and said sums so borrowed shall be used by said
towns, through their joint board of water commissioners as
constituted under the provisions of chapter two hundred
and six of the acts of eighteen hundred and eighty-five, for
the purpose of adequately repairing their water standpipe,
and said joint board shall award and determine a fair and
just proportion of the cost of said repairing which each of
said towns shall bear, pursuant to the provisions of said
chapter two hundred and six of the acts of eighteen hundred
and eighty-five, and of chapter six hundred and sixty-five
of the acts of nineteen hundred and forty-nine.
Section 2. Action taken under this act at the annual
town meetings held in the current year shall be as effective
as though this act had been in full force and effect at the
time the warrants for said meetings were posted.
Section 3. This act shall take effect upon its passage.
Approved February 13, 1962.
Acts, 1952. — Chaps. 42, 43. 31
An Act relative to the tenure of office of the pres- Qlidj) 42
ENT CHAIRMAN OF THE BOARD OF ASSESSORS IN THE TOWN
OF HULL.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of chairman of
the board of assessors in the town of Hull on the effective
date of this act shall hold office during good behavior unless
incapacitated by physical or mental disability from per-
forming the duties of chairman of the board of assessors and
until the selectmen shall remove him therefrom in accord-
ance with the provisions of chapter thirty-one of the General
Laws, and the rules made thereunder, relative to removals
from the classified public service, and the salary of said chair-
man of the board of assessors shall be fixed by the selectmen,
and any vacancy in the office of chairman of the board of
assessors in said town while said incumbent is holding office
during good behavior as provided by this act shall be filled
by choice of the remaining members of the board of assessors,
and said chairman shall serve until a chairman is chosen by
said board as provided by section twenty-four of chapter
forty-one of the General Laws.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of a majority of the voters of said town
present and voting thereon at a regular or special town
meeting, but not otherwise. Approved February 13, 1952.
An Act authorizing the establishment of a sewer dis- QJidj) 43
TRICT within the LIMITS OF THE TOWN OF LANCASTER. '
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Lancaster
liable to taxation in said town and residing within the terri-
tory comprised within the following lines, to wit: — begin-
ning at a point on the westerly line of Route 110 in Lan-
caster at the intersection with Route 110 of the boundary
line between the town of Lancaster and the town of Bolton;
thence north, fifty-seven degrees west, three thousand feet
more or less, to the center of the Nashua river ; thence south-
westerly, by the Nashua river, to a point in the center of the
Nashua river at the intersection of the north branch and
the south branch of the Nashua river; thence southwesterly,
by the north branch of the Nashua river to a point in the
river opposite the mouth of the brook flowing into the river
from Thayer pond, so called; thence southwesterly, to a
point on the southerly side of the river at the middle of the
said brook; thence southwesterly, by the said brook to
Thayer pond, so called; thence by the northerly and west-
erly edges of Thayer pond, so called, to the middle of the
brook flowing into Thayer pond at the southwesterly side
thereof; thence southwesterly, by the said brook to a point
where the said brook intersects the center line of George
32 Acts, 1952. — Chap. 43.
Hill road ; thence westerly, by the center line of George Hill
road to a point where the center line of George Hill road
intersects the center line of Goss lane; thence southerly, by
the center line of Goss lane to a point where the center line
of Goss lane intersects the south line of Narrow lane ; thence
easterly, by Narrow lane to the intersection of Narrow lane
and Main street; thence southeasterly, by Main street to
the point where Main street is intersected by the boundary
line between the towns of Clinton and Lancaster; thence
easterly, by the boundary line between Clinton and Lan-
caster to the point where said boundary line meets the
boundary line between the towns of Clinton and Bolton;
thence northerly, by the boundary between the towns of
Bolton and Lancaster to the point of beginning, — shall
constitute a sewer district and are hereby made a body
corporate by the name of the Lancaster sewer district, here-
inafter called the district, for the purpose of laying out,
constructing, maintaining and operating a system or sys-
tems of common sewers for a part or the whole of the terri-
tory herein described, with such connections and other works
as may be required for a system of sewage disposal, and
may construct such sewers in said district as may be neces-
sary, and for the purpose of assessing and raising taxes as
provided herein for the payment of such services, and for
defraying the necessary expenses of carrying on the business
of said district, subject to all general laws now or hereafter
in force relating to such districts, except as otherwise pro-
vided herein. The district shall have power to prosecute
and defend all actions relating to its property and affairs.
Section 2. Any meeting of the voters of the territory
included within the boundaries set forth in section one to
be held prior to the acceptance of this act, and any meeting
of the voters of the district to be held prior to the qualification
of a majority of the sewer commissioners, shall be called on
petition of ten or more legal voters therein, by a warrant
from the selectmen of said town, or from a justice of the
peace, directed to one of the petitioners, requiring him to
give notice of the meeting by posting copies of the warrant
in two or more public places in the district seven days at
least before the time of the meeting. Such justice of the
peace, or one of the selectmen, shall preside at such meeting
until a clerk is chosen and sworn, and the clerk shall preside
until a moderator is chosen. At any meeting held hereunder
prior to the acceptance of this act, after the choice of a
moderator for the meeting, the question of the acceptance
of this act shall be submitted to the voters, and if it is ac-
cepted by a majority of the voters present and voting thereon
it shall thereupon take effect, and the meeting may then
proceed to act on the other articles in the warrant. After
the qualification of a majority of the sewer commissioners,
meetings of the district shall be called by warrant under their
hands, unless some other method be provided by by-law or
vote of the district.
Acts, 1952. — Chap. 43. 33
Section 3. The district shall elect by ballot at any
district meeting not later than the second annual meeting
after the commencement of construction hereunder of a
system of sewerage and sewage disposal, a board of three
sewer commissioners who shall be citizens of the district, to
hold office, if elected at an annual meeting, one until the
expiration of one year, one until the expiration of two years,
and one until the expiration of three years, from such an-
nual district meeting, and until their successors are qualified,
or, if elected at a special meeting, one until the expiration
of one year, one until the expiration of two years, and one
until the expiration of three years, from the next succeeding
annual district meeting, and until their successors are quali-
fied, and thereafter, at each annual district meeting when
the term of a member expires, the district shall elect one
member of the board to serve for three years and until his
successor is quahfied.
Section 4. Said board of sewer commissioners, acting
for and on behalf of said district, may take by eminent
domain under chapter seventy-nine of the General Laws, or
acquire by purchase or otherwise, any lands, water rights,
rights of way or easements, public or private, in said district,
necessary for accomplishing any purpose mentioned in this
act, and may construct such sewers under or over any bridge,
railroad, railway, boulevard or other public way, or within
the location of any railroad, and may enter upon and dig
up any private land, public way or railroad location, for the
purpose of laying such sewers and of maintaining and re-
pairing the same, and may do any other thing proper or
necessary for the purposes of this act; provided, that they
shall not take in fee any land of a railroad corporation, and
that they shall not enter upon or construct any sewer within
the location of any railroad corporation except at such time
and in such manner as they may agree upon with such
corporation, or, in case of failure to agree, as may be ap-
proved by the department of public utilities.
Section 5. Until the board of sewer commissioners has
first been elected as provided in this act, but not in any
event later than the second annual meeting after the com-
mencement of the work of construction authorized hereby,
the district may carry on such work by a duly authorized
committee of the district. The committee shall serve with-
out pay and shall have all the powers and authority given
to the board of sewer commissioners in this act or by general
law. Whenever the phrase "said board of sewer commis-
sioners" or "said board" hereinafter occurs, it shall mean
and include the board of sewer commissioners, or the com-
mittee of the district provided for in this section, as the
case may be.
Section 6. Any person injured in his property by any
action of said board of sewer commissioners under this act
may recover damages from said district under said chapter
seventy-nine.
34 Acts, 1952. — Chap. 43.
Section 7. The district shall, by vote, determine what
proportion of the cost of said system or systems of sewerage
and sewage disposal the district shall pay; provided, that
it shall pay not less than one fourth nor more than two
thirds of the whole cost. In providing for the payment of
the remaining portion of the cost of said system or systems,
or for the use of said system or systems, the district may
avail itself of any or all of the methods permitted by general
laws, and the provisions of said general laws relative to the
assessment, apportionment, division, reassessment, abate-
ment and collection of sewer assessments, to liens therefor
and to interest thereon shall apply to assessments made
under this act, except that interest shall be at the rate of
six per cent per annum. At the same meeting at which it
determines the proportion of the cost which is to be borne
by the district, it may by vote determine by which of such
methods the remaining portion of said cost shall be provided
for. The collector of taxes of said town shall certify the
payment or payments of such assessments for apportion-
ments thereof to the sewer commissioners, who shall preserve
a record thereof. Whenever a tax is duly voted by the
district for the purposes of this act, the clerk shall send
a certified copy of the vote to the assessors of said town,
who shall assess the same on property within the district in
the same manner in all respects in which town taxes are
required by law to be assessed; provided, that no estate
shall be subject to any tax assessed on account of the system
of sewerage under this act, if, in the judgment of the board
of sewer commissioners herein provided for, after a hearing,
due notice whereof shall have been given, such estate is so
situated that it will receive no aid from the said sewerage
system, or if such estate is so situated that the buildings
thereon, or the buildings that might be constructed thereon,
could not be connected with the said system in any ordinary
or reasonable manner; but all other estates in the district
shall be deemed to be benefited and shall be subject to
such tax. A certified list of the estates exempt from taxation
under the provisions of this section shall annually be sent
by said board of sewer commissioners to said assessors, at
the same time at which the clerk shall send a certified copy
of the vote as aforesaid. The assessment shall be committed
to the town collector, who shall collect said tax in the manner
provided by law for the collection of town taxes and shall
deposit the proceeds thereof with the district clerk for the
use and benefit of the district. The district may collect
interest on overdue taxes in the manner in which interest is
authorized to be collected on town taxes.
Section 8. For the purpose of paying the necessary
expenses and liabilities incurred under this act, the district
may from time to time, within five years after the passage
of this act, borrow such sums as may be necessary, not ex-
ceeding, in the aggregate, three hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
Acts, 1952. — Chap. 43. 35
their face the words, Lancaster Sewer District Sewerage
Loan, Act of 1952. Each authorized issue shall constitute
a separate loan, and such loans shall be payable in not more
than thirty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit, but
shall, except as provided herein, be subject to chapter
forty-four of the General Laws.
Section 9. The receipts from sewer assessments and
from payments made in lieu thereof shall be applied to the
payment of charges and expenses incident to the maintenance
and operation of said system of sewerage and sewage disposal
or to the extension thereof, to the payment of interest upon
bonds or notes issued for sewer purposes, or to the payment
or redemption of such bonds or notes.
Section 10. Said board of sewer commissioners may
annually appoint a clerk and may appoint a superintendent
of sewers who shall not be a member of the board, and shall
define their duties. It may remove the clerk or superin-
tendent at its pleasure. Said board may, in its discretion,
prescribe for the users of said sewerage systems such annual
rentals or charges based on the benefits derived therefrom
as it may deem proper, subject, however, to such rules and
regulations as may be fixed by vote of the district.
Section 11. All contracts made by the board of sewer
commissioners shall be made in the name of the district and
shall be signed by the board, but no contract shall be made
or obligation incurred by said board for any purpose in
excess of the amount of money appropriated by the district
therefor.
Section 12. Said board may, from time to time, pre-
scribe rules and regulations for the connection of estates and
buildings with sewers, and for inspection of the materials,
the construction, alteration and use of all connections enter-
ing into such sewers, and may prescribe penalties, not ex-
ceeding twenty dollars, for each violation of any such rule or
regulation. Such rules and regulations shall be published
at least once a week for three successive weeks in some
newspaper published in the town of Lancaster, if there be
any, and if not, then in some newspaper published in the
county of Worcester, and shall not take effect until such
publications have been made.
Section 12A. The district may enter into an agreement
with the metropolitan district commission for the use of the
sewerage facilities of said commission to receive and treat
the sewage of the district, and shall pay to said commission
such proportion of the cost of construction of additional
works required for the sewage of the district by said com-
mission and such annual charges for the transportation and
treatment of sewage as shall be agreed upon by the district
and said commission. If the district and said commission
shall be unable to agree as to the proper and just sum or
sums which shall be paid by the town of Lancaster to said
commission, either party may petition the supreme judicial
36 Acts, 1952. — Chap. 44.
court, which shall appoint three commissioners to deter-
mine, subject to the approval of the court, such proportion
of the cost of construction and such annual charges. Such
proportion of the cost of construction may consist of a sum
in gross or yearly payments to be made to the said commis-
sion as said commissioners, or a majority of them, shall de-
cide.
Section 13. No act shall be done under authority of the
preceding sections except in the making of surveys and other
preliminary investigations, until the plans for said system of
sewerage and sewage disposal have been approved by the
state department of public health. Upon application to said
department for its approval it shall give a hearing, after due
notice to the public. At such hearing, plans showing the
work to be done in constructing said system of sewerage
and sewage disposal shall be submitted for approval by
said department.
Section 14. Upon a petition in writing addressed to
said board of sewer commissioners requesting that certain
real estate, accurately described therein, located in said
town and abutting on said district and not otherwise served
by a suitable means of sewage disposal be included within
the limits thereof, and signed by the owners of such real
estate, or a majority thereof, said sewer commissioners shall
cause a duly warned meeting of the district to be called, at
which meeting the voters may vote on the question of in-
cluding said real estate within the district. If a majority of
the voters present and voting thereon vote in the affirma-
tive the district clerk shall within ten days file with the
town clerk of said town and with the state secretary an
attested copy of said petition and vote ; and thereupon said
real estate shall become and be part of the district and shall
be holden under this act in the same manner and to the
same extent as the real estate described in section one.
Section 15. This act shall take full effect upon its ac-
ceptance by a majority of the voters of said district voting
thereon at an annual or special meeting within five years of
its passage. Approved February 13, 1952.
Chap. 44 An Act relati\t: to the filling of vacancies in the
offices of medical examiner and associate medical
examiner.
Be it enacted, etc., as follows:
EdVaJ^s'i Section 1 of chapter 38 of the General Laws is hereby
amended. ' amended bj'- adding at the end the following paragraph : —
Filling of Any vacancy in the office of medical examiner or associate
me'dicar*"^ mcdical examiner, occurring prior to the expiration of the
Ms^o^^i^te" '""' ^6rm of such officer, shall be filled by appointment by the
regulated.' govcmor, with the advice and consent of the council, for a
full term of seven years. Approved February 13, 1952.
Acts, 1952. — Chaps. 45, 46, 47. 37
An Act reclassifying members of the fire departments Chap. 45
IN cities and towns by changing the title of the
POSITION FROM FIREMAN TO FIRE FIGHTER.
Be it enacted, etc., as follows:
The director of civil service shall reclassify members of
fire departments in cities and towns in which the fire service
is classified under the civil service laws and rules by chang-
ing the title of the position from fireman to fire fighter.
All subsequent appointments to such positions in cities
and towns in which the fire service is classified under the
civil service laws and rules shall be made under the title of
fire fighter. Approved February 13, 1952.
An Act relative to the tenure of office of the pres- CJiav. 46
ENT collector OF TAXES IN THE TOWN OF SCITUATE.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of
taxes in the town of Scituate on the effective date of this act
shall hold ofiice during good behavior unless incapacitated by
physical or mental disability from performing the duties of
collector of taxes and until the selectmen shall remove him
therefrom in accordance with the provisions of chapter
thirty-one of the General Laws, and the rules made there-
under, relative to removals from the classified public service.
Any vacancy in the office of collector of taxes in said town
while said incumbent is holding office during good behavior
as provided by this act shall be filled by election by a vote of
a majority of its selectmen, and said collector of taxes shall
serve until the next regular town election, at which election
a collector of taxes shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
current year, or in the year following its enactment in the
form of the following question, which shall be placed upon
the official ballot to be used for the election of town officers
at said meeting: — "Shall Joseph R. Dillon, the present in-
cumbent of the office of collector of taxes of the town of
Scituate, be given life tenure?" If a majority of the votes
in answer to said question is in the affirmative then this act
shall thereupon take full effect, but not otherwise.
Approved February 13, 1952.
An Act relative to the tenure of office of the pres- (JJiqj) 47
ENT collector OF TAXES OF THE TOWN OF NATICK.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of
taxes of the town of Natick, on the effective date of this act,
shall hold office during good behavior unless incapacitated
38 Acts, 1952. — Chap. 48.
by physical or mental disability from performing the duties
of collector of taxes, and until the selectmen shall remove him
therefrom in accordance with the provisions of chapter
thirty-one of the General Laws, and the rules made there-
under, relative to removals from the classified public seivice.
Any vacancy in the office of collector of taxes in said town
while said incumbent is holding office during good behavior
as provided by this act shall be filled by election by vote of
a majority of its selectmen, and said collector of taxes shall
serve until the next regular town election, at which election
a collector of taxes shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
current year, or in the year following its enactment, in the
form of the following question, which shall be placed upon
the official ballot to be used for the election of town officers
at said meeting: — "Shall Clarence C. Eldridge, the pres-
ent incumbent of the office of collector of taxes of the town
of Natick, be given life tenure?" If a majority of the votes
in answer to said question is in the affirmative, then this act
shall thereupon take full effect, but not otherwise.
Approved February IS, 1952.
Chap. 48 An Act to authorize the placing of the office of chief
OF POLICE OF THE TOWN OF DEERFIELD UNDER THE CIVIL
SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of
Deerfield shall become subject to the civil service laws and
rules relating to police officers in towns, and the tenure of
office of any incumbent thereof shall be unlimited, subject,
however, to said laws. The person holding said office shall
be subjected to a qualifying examination by the division of
civil service, and if he passes said examination he shall be
certified for said office and shall be deemed to be permanently
appointed thereto without being required to serve any pro-
bationary period.
Section 2. This act shall be submitted to the voters of
said town at the next annual town meeting in the form of
the following question, which shall be placed upon the official
ballot to be used for the election of town officers at said
meeting: — "Shall an act passed by the General Court in
the year nineteen hundred and fifty-two, entitled 'An Act
to authorize the placing of the office of chief of police of the
town of Deerfield under the civil service laws', be accepted?"
If a majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon take full effect,
but not otherwise. Approved February 13, 1952.
Acts, 1952. — Chaps. 49, 50. 39
An Act authorizing the town of wayland to borrow Qfi^jy 49
MONEY FOR SCHOOL PURPOSES,
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally
equipping and furnishing additions to existing school build-
ings, the town of Wayland may borrow from time to time,
within a period of five years from the passage of this act,
such sums as may be necessaiy, not exceeding, in the aggre-
gate, two hundred and twenty-five thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Wayland School Building Loan, Act of 1952.
Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as herein
provided, be subject to chapter forty-four of the General
Laws, inclusive of the limitation contained in the first para-
graph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 15, 1952.
An Act authorizing the town of mansfield to provide nhfjr) 50
A scholarship fund for graduates of the high school ^ "•
OF SAID TOWN.
Be it enacted, etc., as follows:
Section L The town of Mansfield is hereby authorized
to raise and appropriate the sum of three thousand dollars
to provide a scholarship fund the income of which may be
used for the higher education of graduates of the high school
of said town living therein, and said fund shall be dedicated
as a memorial to veterans of World War IL
Section 2. Said town is hereby further authorized to
provide, by vote of the town, for the election by the voters
or the appointment by its selectmen of a board of trustees,
consisting of such number of members as the town shall by
vote determine, to administer said fund, which shall be
held in the custody of the town treasurer, together with
any contributions thereto from private sources, which con-
tributions the town, or said trustees in its behalf, may from
time to time receive. The town by vote may fix the terms
of office of said trustees, and make other provisions in respect
to the administering of said fund not inconsistent with the
provisions of this act.
Section 3. Action taken under authority of this act at
the annual meeting of the town of Mansfield held in the
current year shall be as effective in all respects as though
this act had been in full force and effect on the date when
the warrant for such meeting was posted.
Section 4. This act shall take effect upon its passage.
Approved February 15, 1952.
40 Acts, 1952. — Chaps. 51, 52, 53.
Chap. 51 An Act relative to the number of directors of a
DOMESTIC MUTUAL LIFE INSURANCE COMPANY WHO SHALL
BE RESIDENTS OF THE COMMONWEALTH.
Be it enacted, etc., as follows:
Ed.), 175, Section 94 of chapter 175 of the General Laws, as amended,
amended.' ^^ hereby further amended by striking out the third para-
graph, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following : —
S^ectorrof"^ A majority of the directors shall always be residents of
domestic the commonwealth, and, after the first election, the directors
insurance "^ shall be choseu by and from the policyholders; provided,
companies. j-j^g^^ jj^ ^g^gg ^f ^ company having outstanding a guaranty
capital, one third of the directors may be chosen by and
from the stockholders thereof. No person shall be qualified
to serve as a director after he ceases to be such a policyholder
or stockholder, as the case may be.
Approved February 15, 1952.
Chap. 52 An Act authorizing the town of stoughton to pay a
SUM OF MONEY TO CHARLES McNAMARA.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral
obligation, the town of Stoughton is hereby authorized to
appropriate and pay the sum of nineteen hundred dollars
to Charles McNamara of said town to compensate him for
the loss of cattle due to the use by said town of a poisonous
spray on or about June thirtieth, nineteen hundred and
fifty.
Section 2. This act shall take full effect upon its ac-
ceptance by a majority vote of the town meeting members
of said town at a regular or special town meeting called for
the purpose, but not otherwise.
Approved February 15, 1952.
Chap. 53 An Act to authorize an increase in the number of
trustees of BRADFORD JUNIOR COLLEGE.
Emergenry Whcrcas, The deferred operation of this act would tend
pream e. ^^ defeat its pui'pose, which in part is to provide without
delay for an increase in the number of tru.stees of the corpo-
ration specified therein, therefore it is hereby declared to be
an emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted, etc., as follows:
Section 1. The number of trustees of Bradford Junior
College shall hereafter be limited to twenty-four instead of
fifteen as now provided by law.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of said corporation, and the filing with the
state secretary of a certified copy of said vote, but not
otherwise. Approved February 20, 1952.
Acts, 1952. — Chaps. 54, 55. 41
An Act relative to the borrowing of money by cities (7/^^^) 54
and towns for remodeling, reconstructing or mak- ^'
ing extraordinary repairs to public buildings.
Whereas, The deferred operation of this act would tend ^^l^^^{^'^
to defeat its purpose, which in part is to authorize the bor-
rowing of money by cities and towns without delay for the
purposes specified therein, therefore it is hereby declared to
be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
The first paragraph of section 1 of chapter 275 of the acts
of 1948 is hereby amended by inserting after the word
"year", in line 17, the words: — , exclusive of the value of
motor vehicles and trailers and the value of ships and ves-
sels on which a vessel excise tax is based, — so as to read as
follows: — Subject to the provisions of this act, any city or
town, by a two thirds vote as defined in section one of chap-
ter forty-four of the General Laws, and with the approval of
the emergency finance board established under section one
of chapter forty-nine of the acts of nineteen hundred and
thirty-three, may borrow inside of its limit of indebtedness
as prescribed by section ten of said chapter forty-four, for
remodeling, reconstructing or making extraordinary repairs
to public buildings owned by the city or town, and may is-
sue bonds or notes therefor. Each authorized issue shall con-
stitute a separate loan and such loans shall be paid within
such period, not more than ten years from their dates, as
said board shall fix. No loan shall be authorized in any year
under authority of this act unless a sum equivalent to one
dollar on each one thousand dollars of the assessed valuation
of the city or town for the preceding year, exclusive of the
value of motor vehicles and trailers and the value of ships
and vessels on which a vessel excise tax is based, has been
appropriated from available revenue funds or voted to be
raised by taxation in the year when the loan is authorized.
Approved February 25, 1952.
An Act authorizing the town of marblehead to pay Qliar) 55
AN ANNUITY TO THE WIDOW OF REUBEN PAINE, A FORMER
MEMBER OF THE POLICE DEPARTMENT OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting the public good,
and in consideration of the long and eifficient service of Reu-
ben Paine as a member of the police department of the town
of Marblehead, said town may appropriate and pay to Edna
R. Paine, widow of said Reuben Paine, an annuity for life,
not to exceed one thousand dollars, the same to be paid in
equal monthly instalments.
Section 2, This act shall take effect upon its passage.
Approved February 25, 1952.
42
Acts, 1952. — Chaps. 56, 57.
G. L. (Ter.
Ed.), 44, § 10,
etc., amended.
Limit of
indebtedness
in cities and
towns,
regulated.
Chap. 56 An Act relative to the limit of indebtedness in cities
AND towns.
prTambie^* Wkcreas, There is immediate need for the enlargement of
the borrowing capacity of cities and towns as provided by
this act, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Chapter 44 of the General Laws is hereby amended by
striking out section 10, as most recently amended by chapter
51 of the acts of 1950, and inserting in place thereof the
following: — Section 10. Except as otherwise authorized
by law, a city shall not authorize indebtedness to an amount
exceeding two and one half per cent, and a town shall not
authorize indebtedness to an amount exceeding five per cent,
on the average of the assessors' valuations of the taxable
property for the three preceding years, the valuations being
first reduced by the amount of all abatements allowed thereon
previous to December thirty-first of the preceding year;
provided, that the value of motor vehicles and trailers
taxable under chapter sixty A, as determined thereunder,
shall be used in determining the valuation of taxable property
for the purposes of this section. With the approval of the
emergency finance board, established under chapter forty-
nine of the acts of nineteen hundred and thirty-three, a city
may authorize indebtedness in excess of two and one half
per cent but not in excess of five per cent, and a town may
authorize indebtedness in excess of five per cent but not
in excess of ten per cent, on the aforesaid average of the
assessors' valuations of the taxable property. All authorized
debts, except those expressly authorized by law to be in-
curred outside the debt limit, shall be reckoned in determin-
ing its limit of indebtedness under this section. In de-
termining the debt limit for Boston hereunder the provisions
of chapter ninety-three of the acts of eighteen hundred and
ninety-one and of section one of chapter one hundred and
ninety-one of the acts of nineteen hundred and three shall
apply. The members of the emergency finance board, when
acting under this section, shall receive from the common-
wealth compensation to the same extent as provided under
chapter three hundred and sixty-six of the acts of nineteen
hundred and thirty-three, as amended, and chapter seventy-
four of the acts of nineteen hundred and forty-five.
Approved February 25, 1952.
Chap. 57 An Act authorizing the town of north attleborough
TO BORROW MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally
equipping and furnishing an addition to the existing high
school and junior high school building, and for the purpose
Acts, 1952. — Chaps. 58, 59. 43
of remodeling, reconstructing and making extraordinarj'-
repairs to said building, the town of North Attleborough
may borrow from time to time, within a period of five years
from the passage of this act, such sums as may be necessary,
not exceeding, in the aggregate, six hundred thousand
dollars, and may issue bonds or notes therefor, which shall
bear on their face the words. North Attleborough School
Loan, Act of 1952. Each authorized issue shall constitute a
separate loan, and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred under
this act shall be in excess of the statutory limit, but shall,
except as provided herein, be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof.
Section 2. Action may be taken under this act at the
annual town meeting of said town in the current year, not-
withstanding that this act may not have been in effect at the
time the warrant for said meeting was posted and published.
Section 3. This act shall take effect upon its passage.
Approved February 25, 1952.
An Act increasing the amount of money the city of Qhnj) Kg
LAWRENCE MAY APPROPRIATE FOR THE PURPOSES OF THE
DEVELOPMENT AND INDUSTRIAL COMMITTEE OF SAID CITY.
Be it enacted, etc., as follows:
Section L Section 1 of chapter 661 of the acts of 1950 is
hereby amended by striking out, in line 4, the word "three"
and inserting in place thereof the word: — five, — and
by striking out, in line 5, the word "fifteen" and inserting in
place thereof the word : — fifty, — so that the first sentence
will read as follows: — Notwithstanding the provisions of any
general or special law to the contrary, the city of Lawrence
may appropriate from available funds or otherwise, annually,
for five years commencing in the current year, a sum not to
exceed fifty thousand dollars in any one year, for the purpose
of creating in the department of finance and public affairs
in said city a committee for industrial development for the
promotion and development of the industrial resources of
said city.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1952.
An Act validating the acts and proceedings at an Chav 59
ADJOURNED SPECIAL TOWN MEETING OF THE TOWN OF
WALPOLE HELD IN THE YEAR NINETEEN HUNDRED AND
FIFTY-ONE.
Be it enacted, etc., as follows:
Section 1. The acts and proceedings of the town of
Walpole at the adjourned special town meeting held on the
tenth day of September in the year nineteen hundred and
44
Acts, 1952. — Chaps. 60, 61, 62.
fifty-one, and all acts done in pursuance thereof, are hereby
confirmed and made vahd, notwithstanding the failure to
give notice of the adjournment as required by the by-laws
of said town, to the same extent as if the said adjourned
session had been called, held, conducted and adjourned in
strict compliance with law.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1952.
Chap. 60 An Act relative to the determination of benefits
PAYABLE UNDER THE WORKMEN'S COMPENSATION LAW IN
THE CASE OF CERTAIN SPECIFIED INJURIES.
G. L. (Ter.
Ed.), 152.
§ 36, etc.,
amended.
Specific
payments for
certain
injuries.
Be it enacted, etc., as follows:
Section 36 of chapter 152 of the General Laws is hereby
amended by striking out paragraphs (h) and (i) , as appearing
in chapter 519 of the acts of 1949, and inserting in place
thereof the following two paragraphs: —
(h) For bodily disfigurement the number of weeks which,
according to the determination of the industrial accident
board, reviewing board or single member, is a proper and
equitable compensation, not to exceed one hundred and
twenty-five wrecks, which sum shall be payable in addition
to all other sums under this section wherever the same shall
be applicable.
(i) For loss of bodily functions or sense other than hearing
and sight the number of weeks which, according to the
determination of said board, reviewing board or single
member, is a proper and equitable compensation, not to
exceed one hundred weeks. Approved February 25, 1952.
Chap. 61 An Act further regulating the erection by cities
AND TOWNS OF CERTAIN SIGNS ON STATE HIGHWAYS.
G. L. (Ter.
Ed.), 85,
§ 21A, etc.,
amended.
Certain signs
on state
highways,
regulated.
Be it enacted, etc., as follows:
Chaplier 85 of the General Laws is hereby amended by
striking out section 21 A, inserted by chapter 618 of the acts
of 1951, and inserting in place thereof the following sec-
tion:— Section 21 A. Subject to the provisions of section
two, cities and towns are hereby authorized to erect and
maintain on state and town and city highways such warning
signs, lights or markings as are necessary for the protection
of school children. Approved February 25, 1952.
Chap. 62 An Act authorizing the city of Worcester to appro-
priate MONEY FOR THE SANDING OF PRIVATE WAYS OPEN
TO PUBLIC USE IN CERTAIN CASES.
Be it enacted, etc., as follows:
Section 1. The city of Worcester may appropriate
money for the sanding of such private ways within its hmits
and open to public use as may be designated by the city
Acts, 1952. — Chaps. 63, 64. 45
council of said city when such ways are dangerous for travel
by reason of snow or ice thereon; provided, that for the
purposes of section twenty-five of chapter eighty-four of the
General Laws, the sanding of such a way shall not constitute
a repair of a way.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, but not
otherwise. Approved February 25, 1952.
An Act providing that persons issuing employment Chart 63
PERMITS SHALL NOT RETAIN CERTAIN CERTIFICATES OR
RECORDS OF AGE PROVIDED BY ANY CHILD.
Be it enacted, etc., as follows:
Section 87 of chapter 149 of the General Laws, as amended g- l. (Ter.
by section 10 of chapter 461 of the acts of 1939, is hereby §8"7,'e\t^.'
further amended by inserting after subsection (4) (e) the ^'"^nded.
following paragraph : —
No superintendent of schools, school committee or other Retention of
person authorized to receive, examine, approve and file such ^rmi't^?^''"*'
evidence of age, shall retain against the will of such child, regulated.
his parent or guardian, such evidence of age, for a longer
time than is reasonably necessary for making a copy, photo-
stat or reasonable facsimile thereof, which shall be filed in
place of the original and the original shall be returned to such
child, his parent or guardian.
Approved February 25, 1952.
An Act relative to the tenure of office of the present Phn'n g4
COLLECTOR OF TAXES OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of
taxes in the town of Watertown on the effective date of
this act shall hold office during good behavior unless in-
capacitated by physical or mental disability from perform-
ing the duties of collector of taxes, and until the selectmen
shall remove him therefrom in accordance with the provi-
sions of chapter thirty-one of the General Laws, and the rules
made thereunder, relative to removals from the classified
public service. Any vacancy in the office of collector of
taxes in said town while said incumbent is holding office
during good behavior, as provided by this act, shall be filled
by election by a vote of a majority of its selectmen, and said
collector of taxes shall serve until the next regular town
election, at which election a collector of taxes shall be elected
as provided by law.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
current year, or in the year following its enactment, in the
form of the following question, which shall be placed upon
46 Acts, 1952. — Chaps. 65, 66.
the official ballot to be used for the election of town officers
at said meeting: — "Shall John J. Kennedy, the present
incumbent of the office of collector of taxes of the town of
Watertown, be given life tenure?" If a majority of the votes
in answer to said question is in the affirmative, then this
act shall thereupon take full effect, but not otherwise.
Approved February 25, 1952.
Chap. 65 An Act authorizing the city of cambridoe to use
CERTAIN PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Cambridge is hereby authorized
to use Dana park, located at Magazine and Lake streets in
said city, for the erection of a public school building or for
other school purposes, or for all purposes incidental thereto.
Said city may acquire by eminent domain, or otherwise, all
existing rights or interests, if any, in said land belonging to
the heirs of Edward T. Dana by reason of a deed dated
December fifth, eighteen hundred and eighty-five and re-
corded with Middlesex South District Deeds, in book 730,
page 354.
Section 2. This act shall take full effect upon its ac-
ceptance by the city council of said city, subject to the
provisions of its charter, but not otherwise.
Approved February 25, 1952.
Chap. 66 An Act relative to the interim disposition of the
proceeds from the issue of notes of counties.
Be it enacted, etc., as follows:
G. L. (Ter Scctiou 37A of chapter 35 of the General Laws, as amended
f 37A^'etc., by chapter 29 of the acts of 1933, is hereby further amended
amended. j^y inserting bcfore the last sentence the following sen-
tence : — A treasurer of a county may invest not more than
eighty per cent of the proceeds from the issue of notes, ex-
clusive of temporary notes issued in anticipation of revenue
or of serial note issues, prior to their application to the pay-
ment of liabilities incurred for the purposes specified in the
authorization of the loan, in certificates of deposit in trust
companies or national banks or in United States treasury
Disposition of biUs, — SO as to read as follows: — Section 37 A. Counties
i'ssue'^of^cer-"' shall uot issuc any bonds or notes payable on demand, and
co^ndes*'^ °f they shall provide for the payment of all debts, except those
regulated. incurrcd in anticipation of revenue or in anticipation of re-
imbursement from cities and towns, by such annual payments
as will extinguish the same at maturity, and so that the first
of such annual payments on account of any loan shall be
made not later than one year after the date of the bond or
note issued therefor, and so that the amount of such annual
payment in any year on account of such debt, so far as issued,
shall not be less than the amount of the principal payable in
Acts, 1952. —Chap. 67. 47
any subsequent year. The proceeds of any sale of bonds or
notes, except premiums, shall be used only for the purposes
specified in the original authorization of the loan; provided,
that unexpended amounts may be applied to maturing an-
nual payments of the same loan, and provided, further, that
so much of such proceeds as has not been so applied at the
expiration of two years from the completion of the project
for which the loan was authorized shall become part of the
next general unappropriated balance established under sec-
tion twenty-nine or, if such loan was made on behalf of a
district, shall be applied in reduction of assessments to be
made upon it by the county. A treasurer of a county may
invest not more than eighty per cent of the proceeds from
the issue of notes, exclusive of temporary notes issued in
anticipation of revenue or of serial note issues, prior to their
application to the payment of liabilities incurred for the
purposes specified in the authorization of the loan, in cer-
tificates of deposit in trust companies or national banks or
in United States treasury bills. Any premium received upon
such bonds or notes, less the cost of preparing, issuing and
marketing them, shall be applied to the payment of the
principal of the first bond or note to mature.
Approved February 25, 1952.
An Act relative to the tenure of office of the present QJiajy q7
AUDITOR OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of auditor in the
town of Watertown on the effective date of this act shall hold
office during good behavior unless incapacitated by physical
or mental disability from performing the duties of auditor
and until the selectmen shall remove him therefrom in ac-
cordance with the provisions of chapter thirty-one of the
General Laws, and the rules made thereunder, relative to
removals from the classified public service. Any vacancy in
the office of auditor in said town while said incumbent is
holding office during good behavior, as provided by this act,
shall be filled by election by a vote of a majority of its select-
men, and said auditor shall serve until the next regular town
election, at which election an auditor shall be elected as pro-
vided by law.
Section 2. This act shall be submitted for acceptance to
the voters of said town at the annual town meeting in the
current year, or in the year following its enactment, in the
form of the following question, which shall be placed upon
the official ballot to be used for the election of town officers
at said meeting: — "Shall William W. Norcross, Jr., the
present incumbent of the office of auditor of the town of
Watertown, be given life tenure? " If a majority of the votes
to said question is in the affirmative, then this act shall
thereupon take full effect, but not otherwise.
Approved February 25, 1952.
48 Acts, 1952. — Chaps. 68, 69, 70.
Chap. 68 A.N Act relative to the tenure of office of the
PRESENT TREASURER OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of treasurer in
the toAvn of Watertown on the effective date of this act shall
hold office during good behavior unless incapacitated by
physical or mental disabiUty from performing the duties of
treasurer and until the selectmen shall remove him there-
from in accordance with the provisions of chapter thirty-one
of the General Laws, and the rules made thereunder, relative
to removals from the classified public service. Any vacancy
in the office of treasurer in said to^vn while said incumbent is
holding office during good behavior, as provided by this act,
shall be filled by election by a vote of a majority of its select-
men, and said treasurer shall serve until the next regular
town election, at which election a treasurer shall be elected
as provided by law.
Section 2. This act shall be submitted for acceptance
to the voters of said town at the annual meeting in the cur-
rent year, or in the year following its enactment, in the form
of the following question, which shall be placed upon the
official ballot to be used for the election of town officers at
said meeting: — "Shall James H. Sheridan, the present in-
cumbent of the office of treasurer of the town of Watertown,
be given life tenure?" If a majority of the votes in answer
to said question is in the aflfirmative, then this act shall
thereupon take full effect, but not otherwise.
Approved February 25, 1952.
Chap. 69 An Act relative to the minimum salary for public
SCHOOL teachers.
Be it enacted, etc., as follows:
EdVnTio Section 40 of chapter 71 of the General Laws, as most
etc!, 'amended, recently amended by chapter 499 of the acts of 1951, is
hereby further amended by striking out the first sentence
and inserting in place thereof the following sentence : —
^l^^imum The compensation of every teacher employed in any public
pubiw school day school in the commonwealth, except persons in training
regukted. ^^^ thosc employed as temporary substitutes, shall be at a
rate of not less than twenty-three hundred dollars in towns
of less than two and one half million dollars valuation for the
fiscal year preceding and in all other towns at a rate of not
less than twenty-five hundred dollars for the school year in
that school. Approved February 25, 1952.
Chap. 70 An Act relative to the membership of the school
committee of the city of TAUNTON.
Be it enacted, etc., as follows:
Section 1. Section 23 of chapter 448 of the acts of 1909
is hereby amended by striking out, in line 2, the word "nine"
and inserting in place thereof the word: — eight, — so as
Acts, 1952. — Chaps. 71, 72. 49
to read as follows : — Section 23. The school committee of
said city shall consist of the mayor, ex officio, and eight
members elected as herein provided. Five members shall
constitute a quorum. No site for a school building shall
be acquired by said city unless the approval of such site by
the school committee is first obtained. No plans for the
construction of, or alterations in, a school building shall be
accepted, and no work shall be begun on the construction
or alteration of a school building, unless the approval of the
school committee therefor is first obtained.
Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Taunton at the biennial
state election in the current year in the form of the following
question, which shall be placed upon the official ballot to
be used in said city at said election: — "Shall an act passed
by the general court in the current year providing for eight
members of the school committee, instead of nine as at
present, in addition to the mayor as a member, be accepted? "
If a majority of the votes in answer to said question is in
the affirmative, then this act shall take full effect upon the
expiration of the terms of the present members of the school
committee. Approved February 25, 1962.
An Act authorizing the placing of a certain position
in labor service in the city of worcester under the
civil service LAWS.
Be it enacted, etc., as follows:
Section 1. The position in the labor service of the city
of Worcester school department held by William H. Pressey,
upon the effective date of this act, shall become subject to
the civil service laws and rules, and the tenure of office of
said William H. Pressey shall be unlimited, subject, however,
to said laws; provided, that he passes a qualifying examina-
tion to which he shall be subjected by the division of civil
service.
Section 2. This act shall take full effect upon its accept-
ance, during the current year, by vote of the school com-
mittee of said city, subject to the provisions of its charter,
but not otherwise. Approved February 26, 1962.
Chap. 71
Chap. 72
An Act relative to the filing of evidence of certain
births and DEATHS OCCURRING IN ANOTHER STATE OR
WITHOUT THE UNITED STATES.
Be it enacted, etc., as follows:
Chapter 46 of the General Laws is hereby amended by in- g. l. (Ter.
sorting after section lA, inserted by section 1 of chapter 61 f§*iB^andlc
of the acts of 1939, the following two sections: — Section IB. added.
Any resident of this commonwealth who is the parent of a ^®be rec'^Jrded
child born outside the conmion wealth may personally pre- by city and
town clerks.
50
Acts, 1952. — Chap. 73.
Certain deaths
to be recorded
by city and
town clerks.
sent to the town clerk of the town where such parent was
domiciled at the time of such birth an original certificate or
other written evidence of the same, or a duly authenticated
photostatic copy thereof. The town clerk may file such
certificate, WTitten evidence or photostatic copy as evidence
establishing such birth, or may make a copy thereof, w^hich
he shall attest as a true copy, and w^hich he may then file as
such evidence.
If such certificate, written evidence or photostatic copy is
not, in the opinion of the town clerk, sufficient to establish
such birth, and he refuses to file the same, a judge of probate
in the county wherein such town lies may, on petition and
after a hearing, order him to receive such certificate, written
evidence or photostatic copy as sufficient evidence to estab-
lish such birth, whereupon such clerk shall file the same.
Section IC. The spouse or heirs at law of any resident of
this commonwealth who dies outside the commonwealth may
personally present to the towai clerk of the town where such
person was domiciled at the time of his death an original
certificate or other written evidence of the same, or a duly
authenticated photostatic copy thereof. The town clerk may
file such certificate, written evidence or photostatic copy as
evidence establishing such death, or may make a copy
thereof, which he shall attest as a true copy, and which he
may then file as such evidence.
If such certificate, written evidence or photostatic copy is
not, in the opinion of the towni clerk, sufficient to establish
such death, and he refuses to file the same, a judge of pro-
bate in the county w^hercin such towai lies may, on petition
and after a hearing, order him to receive such certificate,
written evidence or photostatic copy as sufficient evidence
to establish such death, whereupon such clerk shall file the
same. Approved Fehruar-y 25, 1952.
Chap. 73 An Act relative to the organization of the board of
REGISTRATION IN CHIROPODY (pODIATRy).
Be it enacted, etc., as follows:
Section 12A of chapter 13 of the General Law^s, inserted
by section 1 of chapter 425 of the acts of 1937, is hereby
amended by striking out the third sentence, — so as to read
as follow^s: — Section 12 A. There shall be a board of regis-
tration in chiropody (podiatry), to be appointed by the
governor, with the advice and consent of the council, in this
and the two following sections called the board, consisting of
five members, citizens of the commonwealth, four of whom
shall have had at least seven years of practice in chiropody
(podiatry) in this commonwealth. The fifth member shall
be a registered physician who shall have had at least seven
years of practice in medicine in this commonwealth. No
member of the board shall be connected in any w'ay with a
school of chiropody (podiatry) or be financially interested
G. L. (Ter.
Ed.), 13, § 12A,
etc., amended.
Organization
of board of
registration in
chiropody
(podiatry),
regulated.
Acts, 1952. —Chaps. 74, 75. 51
in any manufacturing, wholesale or retail business, pertain-
ing to chiropody (podiatry) in any form whatsoever. As
the term of a member expires, his successor shall be appointed
by the governor, with like advice and consent, to serve for
five years. Approved February 25, 1952.
An Act authorizing the town of webster to convey fhn^ 74
TO THE commonwealth FOR ARMORY PURPOSES CERTAIN ^'
PARK LAND IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The board of selectmen of the town of Web-
ster, with the approval of the board of park commissioners
of said town, is hereby authorized to transfer and convey to
the commonwealth for armory purposes a certain parcel of
park land, being a portion of Memorial park, situated in said
town, and bounded and described as follows: — Beginning at
a stake in the northerly line of Ray street, five hundred and
thirty-one and ninety-six one hundredths feet easterly of the
easterly line of Lincoln street; thence northerly at right
angles to said Ray street and extending north 1° 30' east, a
distance of five hundred and forty-one and seventy-three one
hundredths feet to a stake; thence easterly with an interior
angle of 90** 09', a distance of two hundred feet ; thence south-
erly with an interior angle of 89° 51', a distance of five hun-
dred and forty-two and twenty-five one hundredths feet to a
stake in the northerly line of said Ray street; the last three
courses being by land of the town of Webster; thence west-
erly at right angles to the last course, a distance of two hun-
dred feet by the northerly line of Ray street to the point of
beginning. Being a portion of the premises conveyed to the
town of Webster by S. Slater & Sons, Incorporated, by deed
dated April 21, 1923 and recorded with the Worcester Dis-
trict Registry of Deeds, Book 2296, Page 138.
Section 2. The armory commission is hereby authorized
to accept such land in the name and on behalf of the common-
wealth, and thereafter said land shall be used for armory pur-
poses.
Section 3. This act shall take full effect upon its ac-
ceptance at the next annual town meeting of said town, but
not otherwise. Approved February 25, 1952.
An Act authorizing the city of salem to borrow fhnr) 75
money for police and fire alarm system purposes. ^'
Be it enacted, etc., as follows:
Section 1. The city of Salem may, from time to time,
within a period of three years from the passage of this act,
for the purpose of extending and improving its police and
fire alarm system, borrow such sums as may be necessary,
not exceeding, in the aggregate, two hundred thousand dol-
52 Acts, 1952. — Chap. 76.
lars, and may issue bonds or notes therefor, which shall bear
on their face the words Salem Police and Fire Alarm System
Loan, Act of 1952. Each authorized issue shall constitute a
separate loan, and such loans shall be payable in not more
than ten years from their dates. Indebtedness incurred un-
der this act shall be within the statutory limit, but shall, ex-
cept as provided herein, be subject to the applicable provi-
sions of chapter forty-four of the General Laws, inclusive of
the limitation contained in the first paragraph of section
seven thereof.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not othei-wise.
Approved February 25, 1952.
Chap. 76 An Act relative to the establishment in the town of
FRAMINGHAM OF REPRESENTATIVE TOWN GOVERNMENT BY
LIMITED TOWN MEETINGS.
Be it enacted, etc., as follows:
Section L Section 2 of chapter 143 of the acts of 1949
is hereby amended by striking out, in line 3, the word " eight "
and inserting in place thereof the word: — ten, — so that
the first sentence will read as follows : — Upon the accept-
ance of this act by said town, as hereinafter provided, the
selectmen shall forthwith divide the territory thereof into
ten voting precincts, each of which shall be plainly desig-
nated and shall contain approximately an equal number of
registered voters.
Section 2. Section 3 of said chapter 143 is hereby
amended by striking out, in Une 7, the word "twenty-five"
and inserting in place thereof the word : — twenty, — so as to
read as follows: — -Section 3. Upon the acceptance of this
act by the town and after the establishment of precincts as
provided in section two, the registered voters in every pre-
cinct, at an election to be held on the first Monday of the
March following such acceptance, and at elections held on
the first Monday of March of each second year thereafter,
shall elect by ballot twenty registered voters resident in the
precinct, other than persons elected or appointed to some
other town office, to be members of the representative town
meeting for a term of two years. The town clerk shall after
every election of town meeting members, forthwith notify
each member by mail of his election.
Section 3. This act shall take full effect upon its ac-
ceptance by a majority of the town meeting members of the
town of Framingham present and voting thereon at any an-
nual or special meeting. Said town meeting members shall
also designate the time when the board of selectmen shall
reprecinct the town under the provisions of this act.
Approved February 25, 1952.
Acts, 1952. — Chaps. 77, 78, 79, 80. 53
An Act relative to records of the suspension by the nfmy 77
COURTS of the rights OF CERTAIN NON-RESIDENTS TO '^'
OPERATE MOTOR VEHICLES.
Be it enacted, etc., as folloios:
Section 3G of chapter 90 of the General Laws, inserted by g. l. (Xer.
section 1 of chapter 590 of the acts of 1945, is hereby amended ftti'amend^^'
by adding at the end the following sentences : — The court suspension of
shall send a notice of such order and of any modification certam^'opCTa-
thereof and notice of compliance with such order, each cer- tors of motor
tified by the clerk of the court, forthwith to the registrar Authorized.
who shall suspend the right of the defendant or of any one
employed or authorized by him to operate a motor vehicle
on his behalf in this commonwealth. The address of the
defendant shall be given in said notice. The registrar shall
not restore the rights suspended by order of the court until
he has received notice from the court of modification of or
comphance with the order. Approved February 25, 1952.
An Act relative to the giving of information regard- Qjiar) 78
ING the count of BALLOTS.
Be it enacted, etc., as follows:
Section 1 14 of chapter 43 of the General Laws, inserted by g. l. (Xer.
section 15 of chapter 378 of the acts of 1938, is hereby ftl! 'amendll^'
amended by striking out the last sentence and inserting in
place thereof the following sentence : — No information re- information
garding the state of the balloting shall be disclosed before the co^'t'^o^^.ai.
close of the polls. Approved February 25, 1952. lots, reguiat^.
An Act providing that the selectmen shall be the fhfjjy 70
commissioners of trust funds in certain towns of ^'
less than five thousand inhabitants.
Be it enacted, etc., as follows:
Chapter 41 of the General Laws is hereby amended by g. l. (Xer.
inserting after section 45, as appearing in the Tercentenary § 4'5Af i'dd^.
Edition, the following section: — Section 45A. If a town powers and
having less than five thousand inhabitants votes to accept duties of
this section, the board of selectmen of such town shall there- certain towM.
after have all the powers and duties of commissioners of
trust funds, as provided in sections forty-five and forty-seven,
until such time as the number of inhabitants of said town
shall exceed five thousand. Approved February 25, 1952.
Chap. 80
An Act relative to the amount of insurance which
counties may provide for the protection of their
employees against liability arising out of their
operation of county owned vehicles.
Be it enacted, etc., as follows:
Section 28 of chapter 35 of the General Laws is hereby g. l. (Ter.
amended by striking out the first sentence, as appearing in ^tc'^'am4nd^'
section 1 of chapter 158 of the acts of 1945, and inserting in
54
Acts, 1952. — Chap. 81.
Insurance
protection for
certain county
employees,
provided.
place thereof the following sentence : — The county com-
missioners shall annually prepare estimates of county
receipts and expenditures for the ensuing year, in the form
prescribed by the director of accounts and upon blanks by
him furnished, including estimates for construction and
repair of county buildings and for effecting insurance pro-
viding indemnity for or protection to the officers and em-
ployees of the county against loss by reason of their liabiUty
to pay damages to others for bodily injuries, including
death at any time resulting therefrom, or for damage to
property, caused by the operation, within the scope of their
official duties or employment, of motor or other vehicles
owned by the county, to an amount not exceeding twenty
thousand dollars on account of injury to or death of one
person, or not exceeding forty thousand dollars for any one
accident, and not exceeding ten thousand dollars on account
of damage to property, or for providing indemnity or pro-
tection as aforesaid without insurance, with a statement
of the corresponding appropriations for the preceding year,
and expenditures for each of the three preceding years,
explaining any difference between the amount of any such
estimate and the latest appropriation for the same purpose,
and citing the laws relating thereto.
Approved February 25, 1952.
Chap. 81 An Act authorizing the use by the lynn gas and elec-
tric COMPANY OF A CERTAIN PART OF THE PUBLIC COMMON
IN THE CITY OF LYNN FOR THE LOCATION OF A NATURAL
GAS PIPE LINE.
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its mayor, when so
authorized b}^ the city council, may grant to the Lynn Gas
and Electric Company an easement for a natural gas pipe
line under the pubfic common of said city, beginning at a
point near the Mall street entrance and extending a distance
of ten hundred and sixty-one feet, more or less, to a point
near the Shepard street entrance of said common, with a
width of sixteen feet, as shown on plan entitled "Plan of
Proposed Easement to Lynn Gas and Electric Company
for Natural Gas Pipe Line Under Certain Portion of Public
Common of Lynn, Dated November 27, 1951". The use
of the present natural gas pipe line in above-described location
may be made valid in said grant of easement, notwith-
standing any informality relative to its construction.
Section 2. This act shall take full effect when, after
recommendation by the board of park commissioners of
said city of Lynn, it is accepted by the city council of said
city, subject to the provisions of its charter, but not otherwise.
Approved February 25, 1952.
Acts, 1952. — Chaps. 82, 83. 55
An Act providing for distinctive number plates for Qfiajj 82
MOTOR VEHICLES OF MEMBERS OF A FOREIGN DIPLOMATIC
CORPS AND FOREIGN CONSULAR OFFICERS.
Be it enacted, etc., as follows:
Section 2 of chapter 90 of the General Laws is hereby g. l. (Ter.
amended by striking out the seventh paragraph, as most etc'., amended,
recently amended by section 3 of chapter 644 of the acts of
1949, and inserting in place thereof the following para-
graph : —
The registrar shall furnish at his office, without charge, to Distinctive
every person whose motor vehicle is registered under this ^OT'^ehLiea^of
chapter, two number plates of suitable design, and to every ^[fjc'^offi^erg
person whose trailer is so registered, one such number plate, etc., authorized,
having displayed thereon the register number assigned to
that vehicle; provided, that number plates assigned to
ambulances, fire engines and apparatus, police patrol wagons
and other vehicles used by the police department of any city
or town or park board solely for the official business of such
department or board, and pleasure passenger vehicles owned
by veterans who, according to the records of the United
States Veterans' Administration, by reason of service in the
armed forces of the United States have suffered loss, or loss
of use, of any arm at or above the wrist or of any leg at or
above the ankle, and to vehicles registered by any member
of a foreign diplomatic corps or by any foreign consular
officer who is not a citizen of the United States may be of a
distinctive type or types. The number plates so furnished
shall, except as provided by section nine, and except in case
the registrar for any valid reason extends the time, be valid
only for the year for which they are issued. If the registrar
extends the time he may make rules and regulations requiring
the display of visible evidence upon every motor vehicle that
it has been registered and that the plates in use thereon are
valid. Any plate becoming illegible because of construction
defects shall be replaced by the registrar without cost.
Approved February 25, 1952.
An Act authorizing the city of quincy to appropriate QJkij) 83
and pay a sum of money to the administrator of the
estate of helena j. moynihan.
Be it enacted, etc., as follows:
For the purpose of discharging a moral obligation, the
city of Quincy is hereby authorized to appropriate and to
pay to Donald K. Mackay as administrator of the estate of
Helena J. Moynihan, late of said Quincy, the sum of two
thousand five hundred and three dollars, being the amount
claimed and received by said city for reimbursement for
payments made under the old age assistance law to said
Helena J. Moynihan, and being in excess of the amount
lawfully due therefor. Approved February 25, 1952.
56 Acts, 1952. — Chaps. 84, 85, 86.
Chap. 84 An Act relative to benefits payable under the work-
men's COMPENSATION LAW IN THE CASE OF CERTAIN
SPECIFIED INJURIES.
Emergency Whereas, The deferred operation of this act would tend
pream e. ^^ defeat one of its principal purposes, which is to make its
provisions effective without delay, therefore it is hereby
declared to be an emergency law, necessary for the im.mediate
preservation of the public convenience.
Re it enacted, etc., as follows:
Edo.' 152,'^s 36, Section 36 of chapter 152 of the General Laws is hereby
etc., "amended. ' amended by striking out paragraph (q), as appearing in
chapter 519 of the acts of 1949, and inserting in place thereof
the following paragraph : —
Benefits. (q) If the member, whether leg, foot, arm or hand, is not
lost by severance, but is so injured as to be permanently
incapable of use, for the same number of weeks as though
it were severed; provided, however, that if the loss of use
is less than total, then for such period of weeks in proportion
to the period applicable in the event of total loss of use of
said leg, foot, arm or hand as the functional loss bears to
the total loss of use of such leg, foot, arm or hand.
Approved February 27, 1952.
Chap. 85 An Act changing the date of the biennial municipal
ELECTIONS IN THE CITY OF MALDEN.
Be it enacted, etc., as follows:
Section 1. Chapter 155 of the acts of 1933 is hereby
amended by striking out section 1, as amended by section 1
of chapter 28 of the acts of 1936, and inserting in place thereof
the following section : — Section 1 . Beginning with the
year nineteen hundred and fifty-three, the municipal elections
in the city of Maiden for the choice of mayor, aldermen,
common councilmen and members of the school committee
shall be held biennially on the first Tuesday after the first
Monday in November in each odd-numbered year.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1952.
Chap. 86 An Act requiring the names and addresses of persons
DIVORCED TO BE FURNISHED TO THE STATE SECRETARY
BY CERTAIN CLERKS OF COURT AND REGISTERS OF PROBATE.
Be it enacted, etc., as follows:
%L)', 208^5 46 Section 46 of chapter 208 of the General Laws, as appear-
amended.' ' ing in the Tercentenary Edition, is hereby amended by in-
serting after the word "of", in line 4, the words : — the names
and addresses of the persons divorced, the date and number
of the decree and of, — and by striking out, in line 11, the
Acts, 1952. — Chap. 87. 57
words "the preceding section" and inserting in place thereof
the words : — section forty-five, — so as to read as follows : —
Section 46. The clerks of the courts, the clerk of the superior Returns of
court for ci\il business in Suffolk county and the registers ditorcl*1o°state
of probate shall annually, in February, make returns for the secretary,
last preceding calendar year to the state secretary, upon
suitable blank forms provided by him, of the names and
addresses of the persons divorced, the date and number of
the decree and of the number of libels pending at the begin-
ning of the year, the number of libels filed within the year,
the number of divorces granted, the number of divorces
refused, the number of libels contested, the number of libels
uncontested, the alleged cause for divorce in each case, the
sex of the libellant and the length of time the parties have
been married, and the number of cases in which notice has
been given to the district attorney for prosecution under
section forty-five and the crime for which divorce has been
granted in such cases. Approved February 27, 1952.
An Act authorizing county officers to deposit money fhnj^ q7
IN certain banking companies. ^'
Be it enacted, etc., as follows:
Chapter 35 of the General Laws is hereby amended by g. l. (Ter.
striking out section 22, as amended by chapter 153 of the ftl! amended',
acts of 1948, and inserting in place thereof the follo\\ing sec-
tion:— Section 22. Except as otherwise provided, county Deposits of
treasurers, clerks of the courts, clerks of district courts, sher- J^fn coi^ty^''
iffs and masters of iails and houses of correction, probation officers,
rr- • i c ^ 1 i-i i-, <• authorized.
oincers, registers or probate and insolvency and registers of
deeds, having more money in their hands than is required
for immediate use, shall deposit it, in their official names, in
national banks or trust companies in the commonwealth or
banking companies doing business in the commonwealth and
qualified to receive demand deposits under the provisions of
section six A of chapter one hundred and seventy-two A, at
the best practicable interest rates. Countj^ treasurers may
also deposit in time deposits in such national banks, trust
companies or banking companies and invest in United States
treasury bills. Interest thereon shall be paid to the county,
except that interest accruing to deposits by registers of pro-
bate shall be paid to the commonwealth; provided, that in-
terest accruing on the deposit as aforesaid of any money paid
to any official mentioned in this section which is so paid un-
der order of a court or which is otherwise subject to the di-
rection of a court shall, if the court so directs, be paid to the
parties entitled to the principal fund of such deposit.
Approved February 27, 1952.
58
Acts, 1952. — Chaps. 88, 89, 90.
Chap. 88 An Act relative to the powers and duties of credit
COMMITTEES OF CREDIT UNIONS.
Be it enacted, etc., as follows:
Section 22 of chapter 171 of the General Laws, as appear-
ing in the Tercentenary Edition, is hereby amended by add-
ing at the end the following paragraph : —
The members of the credit committee may receive reim-
bursement for actual expenses incurred in the performance
of their duties as the board may authorize, subject to the
approval of the membei's at the next annual meeting or at a
special meeting called for the purpose.
Approved February 27, 1952.
G. L. (Ter.
Ed.), 171, § 22,
amended.
Expenses of
certain mem-
bers of credit
unions,
regulated.
Chap. 89 An Act relative to the exclusion of certain pupils
FROM public schools IF THE REGULATIONS OF THE BOARD
OF HEALTH SO REQUIRE.
G. L. (Ter.
Ed.). 71, § 55,
etc., amended.
Temporary
exclusion of
certain pupils
from public
Bchools,
regulated.
Be it enacted, etc., as follows:
Section 55 of chapter 71 of the General Laws, as amended
by section 2 of chapter 265 of the acts of 1938, is hereby
further amended by inserting after the word "exists", in
line 8, the words: — if the regulations of the board of health
require .such exclusion, — so as to read as follows: — Sec-
tion 55. A child infected, or in a household where a person
is infected, with a disea.«!e dangerous to the public health as
defined in accordance with section six of chapter one hundred
and eleven, or in a household exposed to contagion from any
such disease in another household, shall not attend any
public school while he is so infected or remains in a house-
hold where such infection or exposure exists if the regulations
of the board of health require such exclusion. A child re-
turning to school after having been absent on account of
such infection or exposure shall present a certificate from
the board of health or its duly appointed agent that the
danger of conveying such disease by such child has passed;
provided, that if such a child returns to school without such
a certificate, after having been absent on account of such
infection or exposure, he shall immediately be referred to a
school physician for examination and, if it is found by such
physician upon such examination that such danger has
passed, he may remain at school.
Approved February 27, 1952.
Chap. 90 An Act relative to sentences to the Massachusetts
REFORMATORY FOR THE CRIME OF LARCENY.
G. L. (Ter.
Ed.). 279. § 33,
amended.
Be it enacted, etc., as follows:
Section 33 of chapter 279 of the General Laws, as appearing
in the Tercentenary Edition, is hereby amended by inserting
after the word "larceny", in line 2, the words: — of property
Acts, 1952. — Chaps. 91, 92. 59
of a value exceeding one hundred dollars, — and by inserting
after the word "offence", in Hne 8, the words: — , including
larceny of property of a value not exceeding one hundred
dollars, — so as to read as follows : — Section 33. Whoever sentences to
is sentenced to the Massachusetts reformatory for larceny of forTaraeny''
property of a value exceeding one hundred dollars or for any regulated. '
felony may be held therein for not more than five years
unless sentenced for a longer term, in which case he may be
held therein for such longer term; if committed to said
reformatory as a delinquent child he may be held therein
for not more than two years; if sentenced to said reformatory
for drunkenness he may be held therein for not more than
one year; if sentenced to said reformatory for any other
offence, including larceny of property of a value not exceed-
ing one hundred dollars, he may be held therein for not
more than two years. Approved February 27, 1952.
An Act further regulating personal collateral loans Chap. 91
BY credit unions.
Be it enacted, etc., as follows:
Paragraph 5 of subdivision (A) of section 24 of chapter 171 g- l. (Ter
of the Genera,l Laws, as appearing in chapter 117 of the etc!, 'amended.'
acts of 1951, is hereby amended by striking out, in hne 1,
the word "three" and inserting in place thereof the word:
— five, — so as to read as follows: —
5. To an amount not exceeding five thousand dollars, if Personal
evidenced by the note of the borrower and with sufficient by credft
collateral pledged to secure the same made up of bonds or "e^gXted.
notes of the United States, or of any state or subdivision
thereof, w^hich are legal investments for savings banks, or
credit unions, in this commonwealth valued at not more
than eighty per cent of their market value, or by the assign-
ment of the pass book of a depositor in a sa\angs bank doing
business in any of the New England states or in the savings
department of a trust company or national banking associa-
tion doing business in this commonwealth, or the pass book
of a depositor in a co-operative bank incorporated under
chapter one hundred and seventy, or policies issued by life
insurance companies authorized to transact business in this
commonwealth, valued at not more than their cash surrender
value. Approved February 27, 1952.
An Act relative to the removal of overhead wires fhn^ oo
AND construction IN THE CITY OF NEW BEDFORD. "'
Be it enacted, etc., as follows:
Section 4 of chapter 335 of the acts of 1914 is hereby
amended by striking out, in line 20, the word "thirty" and
inserting in place thereof the word : — fifty.
Approved Febi^uary 27, 1952.
60 Acts, 1952. — Chaps. 93, 94, 95.
Chap. 93 An Act relative to investments of trust companies
IN REAL ESTATE FOR THE TRANSACTION OF THEIR BUSI-
NESS.
Be it enacted, etc., as follows:
Ed.),' ivl^i 41, Section 41 of chapter 172 of the General Laws is hereby
etc.. amended, amended by striking out the last sentence, as appearing in
chapter 36 of the acts of 1947, and inserting in place thereof
oflrult'com- ^^^ following Sentence: — Any sums that may be recovered
panics in cer- by a trust compauy through the sale or other disposal of real
reguia^ted^^ ^ ^' estate Or any part thereof held under this section, together
with such sums as are allowable for ordinary depreciation
under the provisions of the federal income tax law, and such
additional sums as are taken on account of depreciation or
obsolescence, or for other reason, with the consent of the
commissioner or at his direction, shall be deducted from the
amount considered to be invested in such real estate.
Approved February 27, 1952.
Chap. 94 An Act relative to officers and committees of credit
UNIONS.
Be it enacted, etc., as follows:
Ed^' 17^5 15 Section 15 of chapter 171 of the General Laws is hereby
ameAded.' ' amended by striking out the first sentence, as appearing in
the Tercentenary Edition, and inserting in place thereof the
Officers and follouing Sentence: — The directors at their first meeting
committees of p, , , . ,. i n i ^ r ii • i
credit unions, alter the anuual meeting shall elect irom their own number
prescribed. g^ president, one or more vice-presidents, a clerk, a treasurer
and such other officers as may be necessary for the trans-
action of the business of the credit union, who shall be the
officers of the corporation, a credit committee of not less than
three members and an auditing committee of three members,
all of whom shall hold office until their successors are quali-
fied unless sooner removed as hereafter provided.
Approved February 27, 1952.
Chap. 95 An Act relative to the powers and duties of auditing
COMMITTEES OF CREDIT UNIONS.
Be it enacted, etc., as follows:
Ed^.' 17U § 17. Section 17 of chapter 171 of the General Laws, as appear-
amended." ' ing iu the Tercentenary Edition, is hereby amended by add-
Expenses of ing at the end the following sentence : — The members of
commft^es of the auditing committee may receive such reimbursement for
credit unions, actual cxpeuses iucurred in the performance of their duties
as the board may authorize, subject to the approval of the
members at the next annual meeting or at a special meeting
called for the purpose. Approved February 27, 1952.
Acts, 1952. — Chaps. 96, 97, 98. 61
An Act relative to investments by banking companies. Chav. 96
Be it enacted, etc., as follows:
Clause Second of section 7 of chapter 172A of the General gj^- ^J^^^
Laws, as most recently amended by chapter 35 of the acts of § 7, etc.,
1948, is hereby further amended by inserting before the word *™^'' ^ "
"of" in lines 2 and 8, in each instance, the words: — and sub-
division (c) of clause Fifteenth, — so as to read as follows: —
Second. In any securities authorized as investments for investments
savings banks by clauses Second to Seventh, inclusive, and comprniMf
sub-division (c) of clause Fifteenth of section fifty-four of '■egulated.
chapter one hundred and sixty-eight; provided, that not
more than twenty per cent of its certificate and other funds
shall be invested by any such corporation in the classes of
securities referred to in sub-divisions (c) to (i), inclusive, of
said clause Second and in said clauses Third to Seventh,
inclusive, and sub-division (c) of clause Fifteenth of said
section fifty-four, and provided, further, that not more than
one per cent of its certificate and other funds shall be in-
vested by any such corporation in the obfigations of any one
of the obligors referred to in said sub-divisions and clauses.
Approved February 27, 1952.
An Act relative to the record of ownership of the Chav. 97
capital stock of a banking company by a director
thereof.
Be it enacted, etc., as follows:
Section 3 of chapter 172A of the General Laws is hereby g. l. (Ter.
amended by inserting after the word "therein" in line 22, f 3;^;tcl^'^"
as appearing in section 5 of chapter 266 of the acts of 1938, amended,
the words: — , in his own right, — so that the fifth sentence
will read as follows : — Thereafter all provisions of general ^odf by'^ °^
law from time to time appHcable to the increase or the re- directors.
duction of the capital stock of trust companies shall apply ^^^^^
to such corporation, and no person shall be a director of any
such corporation unless he is a stockholder of record holding
unpledged shares of stock therein, in his own right, of an
aggregate value of not less than one thousand dollars, shares
of stock with par value to be computed for this purpose at
their par value and shares without par value to be computed
at the value, at the time of issue, of the cash, property,
services or expenses for which they were issued, but not in-
cluding paid-in surplus. Approved February 27, 1952.
An Act relative to the non-criminal disposition of Chav. 98
parking violations, so called.
Be it enacted, etc., as follows:
The third paragraph of section 20A of chapter 90 of the Q l. (Ter.
General Laws is hereby amended by inserting after the word f 20A^etc.,
"committed", in line 11, as appearing in section 2 of chap- amended.
ter 425 of the acts of 1949, the words : — in a particular
city or town and. Approved February 27, 1952.
62
Acts, 1952. — Chaps. 99, 100.
Chap. 99 An Act further regulating the sale of coke.
Be it enacted, etc., as follows:
G. L. (Ter.
Ed.). 94,
§ 248, etc.,
amended.
Penalties
for certain
offences.
Chapter 94 of the General Laws is hereby amended by
striking out section 248, as most recently amended by chapter
222 of the acts of 1946, and inserting in place thereof the
following section : — Section 248. Whoever violates any
provision of sections two hundred and forty to two hundred
and forty-seven, inclusive, if no other penalty is provided
therein, or of a rule or regulation made under section two
hundred and thirty-nine A, or fails to comply with any re-
quest for information or direction made under authority of
sections two hundred and forty, two hundred and forty-one,
and two hundred and forty-four to two hundred and forty-
six, inclusive, or gives a false answer to any such request,
shall be punished by a fine of not more than fifty dollars;
and whoever is guilty of fraud or deceit as to the weighing,
selling or delivering of coke, charcoal or coal, or the measur-
ing, selhng or dehvering of fuel oil or range oil, or whoever,
by himself, or by his servant, agent or employee, sells or
deUvers or attempts to sell or deliver coal or coke which is
short in weight or coal which contains an unrea,sonable
amount of shale, slate, rock or other foreign substance or
which produces an excessive amount of non-combustible
residue, including ash, shall be punished by a fine of not
more than one thousand dollars or b}'- imprisonment for not
more than one year, or both. The director of standards and
necessaries of life and local sealers of weights and measures
shall cause sections two hundred and forty to two hundred
and forty-nine, inclusive, and rules and regulations made
under section two hundred and thirty-nine A, to be enforced.
Approved February 27, 1952.
Chap. 100 An Act further defining the term "safety glass'
UNDER THE PROVISIONS OF THE MOTOR VEHICLE LAWS.
G. L. CTer.
Ed.). 90,
§ 9A, etc.,
amended.
"Safety
glass",
defined.
Be it enacted, etc., as follows. •
Chapter 90 of the General Laws is hereby amended by
striking out section 9A, as most recently amended by chap-
ter 358 of the acts of 1949, and inserting in place thereof the
following section: — Section 9 A. No person shall operate
any motor vehicle, and the owner or custodian of a motor
vehicle shall not permit the same to be operated with parti-
tions, doors, windows or windshields of glass unless such
glass is of a type known as safety glass. The term "safety
glass", as used herein, shall include any glass designed to
minimize the likelihood of personal injury from its breaking
or scattering when broken, and which is of a type complying
with such minimum standards for construction and per-
formance as the registrar may prescribe. Tliis section shall
not apply to motor vehicles manufactured prior to January
first, nineteen hundred and thirty-six.
Approved February 27, 1962.
Acts, 1952. — Chaps. 101, 102. 63
An Act amending the charter of trinity church in Q]^qj) \{)\
THE city of boston.
Be it enacted, etc., as follows:
Section 1. Chapter 83 of the acts of 1830 is hereby
amended by striking out section 1 and inserting in place
thereof the following section: — Section 1. The proprietors
of pews in Trinity Church, in the city of Boston and their
successors, and such other persons as shall become members
of the corporation after the manner prescribed in its by-laws,
are hereby made a corporation by the name Trinity Church
in the city of Boston and may have, exercise and enjoy all
the rights and privileges which, as a protestant episcopal
church, they have heretofore possessed and enjoyed, and to
which other religious societies are by law entitled; and said
corporation is empowered to make by-laws, by which the
government of said society, its forms of proceedings, the
duties and powers of its officers, the mode of calling meetings,
and the due management of its concerns, shall be provided
for and prescribed ; also to adopt, and, from time to time, to
vary, a common seal; and to commence and prosecute or
defend any suit or action at law or in equity, necessary or
proper to be prosecuted or defended, to enforce or protect
their rights, claims and privileges. Without restricting the
generality of the foregoing, said corporation may in particular
grant by its by-laws to such individuals, groups of individuals
or organizations as may be specified the power to elect to
membership in the corporation persons other than pro-
prietors of pews, and said corporation may also determine
by its b3''-laws the number of persons (other than proprietors
of pews) to be elected to membership, as well as the terms
for which and the conditions subject to which members may
be elected.
Section 2. This act shall take effect upon its acceptance
b}^ vote of the proprietors of pews of Trinity Church in the
city of Boston at any annual or special meeting held before
January first, nineteen hundred and fifty-three, and the
filing with the state secretary of a certified copy of said vote,
but not otherwise. Approved February 27, 1952.
Chap.102
An Act further regulating the shutting off of the
supply of gas or electricity by gas or electric com-
PANIES.
Be it enacted, etc., as follows:
Section 124 of chapter 164 of the General Laws, as most g. l. (Ter.
P^H '^ 1 fid.
recently amended by section 2 of chapter 376 of the acts of § 124, etc.,
1935, is hereby farther amended by inserting after the amended,
word "notice", in line 8, the words: — , exclusive of Satur-
days, Sundays and legal hohdays, — so as to read as follows :
— Section 124- Except as otherwise provided in section one shutting og
64
Acts, 1952. — Chaps. 103, 104.
gas or
electricity
by utility
oompaniee,
regulated.
hundred and twenty-four A, a gas or electric company may
stop gas or electricity from entering the premises of any
person faiUng to pay the amount due therefor or for the use
of the meter or other article hired by him from such com-
pany; and, for such purpose, the officers, servants or work-
men thereof may, after thirty-six hours' notice, exclusive of
Saturdays, Sundaj^s and legal holidays, enter his premises
between the hours of eight in the forenoon and four in the
afternoon and separate and take away such meter or other
property of the company, and maj^ disconnect any meter,
pipe, wires, fittings or other works, whether they are property
of the company or not, from its mains, pipes or wires.
Approved February 27, 1952.
Chap .103 An Act to require persons in the business of con-
ducting AUCTIONS OF SECOND HAND MOTOR VEHICLES TO
BE LICENSED THEREFOR. »
Be it enacted, etc., as follows:
Section 1. Section 57 of chapter 140 of the General
Laws, as appearing in the Tercentenary Edition, is hereby
amended by adding at the end the foUomng sentence : —
This section shall apply to any person engaged in the busi-
ness of conducting auctions for the sale of motor veliicles.
Section 2. Section 58 of said chapter 140, as so appear-
ing, is hereby amended by striking out the paragraph entitled
"Class 2" and inserting in place thereof the following: —
Class 2. Any person whose principal business is the
bujdng or selling of second hand motor vehicles may be
granted a used car dealer's license.
Approved February 27, 1952.
G. L. (Ter.
Ed.). 140, 5 57,
amended.
License, when
required.
G. L. (Ter.
Ed.). 140, § 58,
amended.
Classes of
licenses.
Chap. 104^ An Act relative to the annual observance of civil
RIGHTS WEEK.
Be it enacted, etc., as follows:
EdV'e^neW Chapter 6 of the General Laws is hereby amended by
§ 12P. added. Inserting after section 120, inserted by chapter 263 of the
Annual observ- acts of 1949, the followiug scctiou: — Section 12P. The
T^ghuwZk. governor shall annually issue a proclamation setting apart
the week of December eighth through December fifteenth
as civil rights week, and recommending that it be observed
by the people with appropriate exercises in the schools and
otherwise, for the protection and implementation of these
four basic rights: — (1) the right to safety and security
of person; (2) the right of citizenship and its privileges;
(3) the right to freedom of conscience and expression;
(4) the right to equality of opportunity; which have been
the core of our democratic philosophy of government.
Approved February 27, 1952.
Acts, 1952. —Chaps. 105, 106. 65
An Act relative to loans by credit unions secured by Qfidj) \Q^
MORTGAGES OF REAL ESTATE.
Be it enacted, etc., as follows:
Section 1. Subdivision (B) of section 24 of chapter 171 Ed^m"*
of the General Laws, as most recently amended by chap- §24.' etc*
ter 178 of the acts of 1947, is hereby further amended by ^'^^''^^■
striking out paragraph 3 and inserting in place thereof the
folio wng paragraph: —
3. In first mortgages of real estate not exceeding eighty Certain loans
per cent of the value of the premises to be mortgaged, may unions^'*
be made for a period of not more than twenty years from regulated,
the date of the note; provided, that the terms of the note
shall require fixed monthly payments, in the same amount
during the term of the loan, except that the fixed monthly
payments for the first five years or any part thereof may be
required for a larger amount than for the remaining term,
which payments shall be first applied to interest and the
balance theieafter remaining applied to principal. Interest
upon each loan shall be computed monthly on the unpaid
balance thereof. Any mortgage taken under this sub-
section shall contain a provision requiring the payment
each month of a proportionate part of the estimated real
estate taxes and betterment assessments. Nothing con-
tained herein shall prohibit a credit union from accepting
additional payments on the principal at any time.
Section 2. Said subdivision (B) of said section 24 of Q^^. (Ter.
said chapter 171, as so amended, is hereby further amended §24.' etc*
by striking out paragi-aph 4. ImSded.
Approved February 27, 1952.
An Act placing the office of assistant director of
veterans' benefits of the city of LYNN UNDER THE
CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of assistant director of veterans'
benefits of the city of Lynn shall, upon the effective date of
this act, become subject to the civil service laws and rules,
and the tenure of office of any incumbent thereof shall be
unHmited, subject, however, to said laws. The incumbent
of said office on said effective date shall be subjected to a
quahfying examination by the division of civdl service, and
if he passes said examination he shall be certified for said
office and shall be deemed to be permanently appointed
thereto without being required to serve any probationary
period.
Section 2. This act shall, take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.
Approved February 27, 1952.
Chap.im
66
Acts, 1952. — Chaps. 107, 108.
G. L. (Ter.
Ed.), 94.
§ 303F, etc.,
amended.
Delivery of
fuel oils,
regulated.
Chap. 107 An Act regulating the delivery of fuel oils.
Be it enacted, etc., as follows:
Section 303F of chapter 94 of the General Laws, inserted
by chapter 95 of the acts of 1935, is hereby amended by in-
serting after the word "sells", in line 1, the words: — or de-
livers, — so as to read as follows : — Section S03F. Who-
ever sells or delivers fuel oil in quantities of ten gallons or
over for heating or cooking purposes shall cause a certificate
or memorandum to be issued and delivered to the purchaser
or his agent at the time of delivery of such oil. Such certifi-
cate or memorandum shall include the names and addresses
of the seller and of the purchaser, and a statement of the
quantity of oil delivered, in terms of gallons and fractions
thereof, if any. Whoever violates any provision of this sec-
tion shall be punished by a fine of not more than fifty dollars.
Approved February 27, 1952.
Chap. lOS An Act relative to the withdrawal of towns from
SCHOOL SUPERINTENDENCY UNIONS.
Be it enacted, etc., as follows:
Chapter 71 of the General Laws is hereby amended by
striking out section 61, as amended by section 1 of chapter
643 of the acts of 1951, and inserting in place thereof the
following: — Section 61. The school committees of two or
more towns, each having a valuation less than two million
five hundred thousand dollars, and having an aggregate
maximum of seventy-five, and an aggregate minimum of
twenty-five, schools, and the committees of four or more
such towns, having said maximum but irrespective of said
minimum, shall form a union for employing a superintendent
of schools. A town whose valuation exceeds said amount,
may participate in such a union but otherwise subject to
this section. Such a union shall not be dissolved except by
vote of the school committees representing a majority of the
participating towns ^^ith the consent of the department, nor
by reason of any change in valuation or the number of schools,
except that any town with a valuation of over two million
dollars may withdraw from such a union if a majority of the
voters of the town voting on the question of such with-
drawal at an annual town meeting vote in favor thereof; and
except, further, that any town with a valuation of over two
million dollars which has adopted a form of representative
town meeting government under general or special law may
withdraw from such a union if a majority of the voters of
the town voting thereon vote in the affirmative in answer to
the question of such withdrawal which shall be placed upon
the official ballot to be used for the election of town officers
at an annual town meeting in the following form: — "Shall
the town of withdraw from the school superin-
tendency union comprising said town and the town(s) of
and ?" Approved February 28, 1952.
G. L. (Ter.
Ed.), 71.
§ 61, etc..
amended.
Withdrawal
of towns
from school
superintend-
ency uniona,
regulated.
Acts, 1952. — Chap. 109. 67
An Act relative to the membership of the board of (JJiq^oj IQQ
ZONING adjustment OF THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section 20 of chapter 488 of the acts of 1924,
as most recently amended by section 1 of chapter 328 of
the acts of 1950, is hereby further amended by striking out
the first four sentences and inserting in place thereof the
following: — There shall be in the city of Boston a board,
known as the Board of Zoning Adjustment, consisting of
the chairman of the city planning board, ex officio, and
eleven other members, and eleven alternates, appointed by
the mayor as follows : — one member from two candidates,
and one alternate from two other candidates, nominated by
the Associated Industries of Massachusetts, one member *
from two candidates, and one alternate from two other
candidates, nominated by the Boston Central Labor Union,
one member from two candidates, and one alternate from
two other candidates, nominated by the Boston Chamber
of Commerce, one member from two candidates, and one
alternate from two other candidates, nominated by the
Boston Real Estate Board, one member from two candidates,
and one alternate from two other candidates, nominated by
the Massachusetts Real Estate Association, one member
from two candidates, and one alternate from two other
candidates, nominated, both in the case of the member and
in the case of the alternate, one by the Boston Society of
Architects and one by the Boston Society of Landscape
Architects, one member from two candidates, and one
alternate from two other candidates, nominated by the
Boston Society of Civil Engineers, one member from two
candidates, and one alternate from two other candidates,
nominated by the Master Builders' Association of Boston,
one member from two candidates, and one alternate from
two other candidates, nominated by the Massachusetts
Motor Truck Association, Inc., one member from two
candidates, and one alternate from two other candidates,
nominated by the United Improvement Association, and
one member, and one alternate, selected at large by the
mayor. All appointive members, and all alternates, shall
be residents of or engaged in business in Boston. As the
term of any appointive member expires, his successor shall
be appointed in like manner as such member for a term of
five years. Any vacancy in the office of an appointive
member shall be filled in the same manner for the unexpired
term. As the term of any alternate expires, his successor
shall be appointed in like manner as such alternate. Any
vacancy in the office of an alternate shall be filled in the
same manner. Every person appointed an alternate shall
be so appointed that his term will expire at the same time as
the term of the incumbent member appointed in the same
manner as such alternate. Whenever there is a vacancy in
the office of an appointive member, or whenever an ap-
68 Acts, 1952. —Chaps. 110, 111.
pointive member is absent or unable from any cause to
perform his duties, the alternate appointed in the same
manner as such member shall exercise the powers and
perform the duties of such member; but an alternate shall
not otherwise be deemed to be, or act as, a member of the
board.
Section 2. The tenures of the appointive members of
the board of zoning adjustment of the city of Boston in
office when this act takes effect shall not be affected thereby ;
but they shall serve according to the provisions of their
respective appointments.
Section 3. This act shall take effect upon its passage.
Approved February 28, 1952.
Chap. 110 An Act authorizing st. luke's hospital of new Bedford
TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section
nine of chapter one hundred and eighty of the General Laws,
St. Luke's Hospital of New Bedford, incorporated under the
General Laws, is hereby authorized to hold, for the purposes
for which it was incorporated, real and personal estate to an
amount not exceeding twenty-five million dollars in value, in-
cluding the amount which it is already authorized by law to
hold.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
Chap. Ill An Act providing for control over municipal public
PARKING places BY THE TRAFFIC COMMISSION OF THE
CITY OF MALDEN.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 67 of the acts of 1947 is
hereby amended by inserting after the word "streets", in
line 7, the words: — , municipal public parking places, —
so that the first sentence will read as follows : — The com-
mission shall have exclusive authority, except as otherwise
herein provided, to adopt, amend, alter and repeal rules and
regulations, not inconsistent with general law as modified by
this act, relative to vehicular street traffic in the city, and to
the movement, stopping or standing of vehicles on, and their
exclusion from, all or any streets, municipal public parking
places, ways, highways, roads and parkways, under the con-
trol of the city, including rules and regulations designating
any way or part thereof under said control as a through way
under and subject to the provisions of section nine of chap-
ter eighty-nine of the General Laws, and may prescribe
penalties not exceeding fifty dollars for the violation of any
rule or regulation adopted hereunder.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
Acts, 1952. — Chaps. 112, 113. 69
An Act relative to expenditures of fees collected QJiq^jj \\2
BY inspectors OF BUILDINGS AND BOARDS OF HEALTH
IN CITIES AND TOWNS.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is to make its provisions relative to p""*^^"^^ ®-
expenditures of certain fees collected in cities and towns
effective without delay, therefore it is hereby declared to be
an emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted, etc., as follows:
Chapter 142 of the General Laws is hereby amended by g. l. (jer
striking out section 15, as appearing in the Tercentenary amended.'
Edition, and inserting in place thereof the following sec-
tion:— Section 16. Inspectors of buildings and boards of ^porfi
health shall annually, before June first, make a detailed re- required,
port to their respective cities or towns of all their proceedings
under sections one to sixteen, inclusive, during the preceding
year. Approved February 28, 1952.
An Act relative to certain lines, poles and other Qhav.W^
EQUIPMENT OF WESTERN MASSACHUSETTS ELECTRIC COM-
PANY AND NEW ENGLAND TELEPHONE AND TELEGRAPH
COMPANY IN THE TOWN OF BLANDFORD.
Be it enacted, etc., as follows:
Section 1. All lines for the transmission of electricity
for light, heat or power heretofore erected or acquired by
Western Massachusetts Electric Company, and all lines
heretofore erected or acquired by New England Telephone
and Telegraph Company for the transmission of intelligence
by electricity or by telephone, upon, along, under or over
the public ways and places of the town of Blandford, and the
poles, piers, abutments, conduits, manholes and other fix-
tures necessary to sustain, protect or operate the wires and
cables of said lines and actually in place on the effective date
of this act, are hereby made lawful, notwithstanding the lack
of any valid locations therefor, or any informality in the pro-
ceedings relative to their location and erection; provided,
that the validation aforesaid shall not be effective as to the
lines, structures or fixtures aforesaid of either or both of said
companies in said town unless the company or companies
owning the same shall have filed with the clerk of said town
not later than December thirty-first, nineteen hundred and
fifty-two, a map or maps showing the location and nature of
said lines, structures and fixtures in said town, such map or
maps so filed to be recorded and kept with the records of
original locations for poles and wires in said town.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
70 Acts, 1952. — Chaps. 114, 115.
Chap. 114: An Act relative to the salaries of the justices, clerk,
AND assistant CLERKS OF THE MUNICIPAL COURT OF THE
ROXBURY DISTRICT.
Be it enacted, etc., as follows:
Section 1. Section 3B of chapter 768 of the acts of 1951
is hereby amended by adding at the end the following sen-
tence:— This section shall not apply to the offices of the
clerk and the assistant clerks of the municipal court of the
Roxbury district nor to the office of the justice of said court
estabhshed by chapter seven hundred and sixty-two of the
acts of nineteen hundred and fifty-one.
Section 2. Said chapter 768 is hereby further amended
by striking out section 4 and inserting in place thereof the
following section: — Section 4- The provisions of this act
relating to the clerk and the assistant clerks of the municipal
court of the Roxbury district and the provisions thereof
relating to the office of justice of said court established by
chapter seven hundred and sixty-two of the acts of nineteen
hundred and fifty-one shall take effect as of the time of
taking effect of chapter seven hundred and sixty-two of the
acts of nineteen hundred and fifty-one. The other provisions
of this act shall take effect as of September first, nineteen
hundred and fifty-one.
Section 3. Chapter 762 of the acts of 1951 is hereby
amended by inserting after section 4 the following section : —
Section J^A. Notwithstanding any provisions of this act to
the contrary, the provisions of sections seventy-seven A and
seventy-eight of chapter two hundred and eighteen of the
General Laws in effect immediately prior to the effective
date of this act shall remain in effect and apply to appoint-
ments to the office of justice of the municipal court of the
Roxbury district referred to therein which are made on and
after said effective date.
Section 4. Sections one and two of this act shall take
effect as of the time of taking effect of chapter seven hundred
and sixty-eight of the acts of nineteen hundred and fifty-one;
and section three of this act shall take effect as of the time
of taking effect of chapter seven hundred and sixty-two of
the acts of nineteen hundred and fifty-one.
Approved February 28, 1952.
Chap. 115 An Act authorizing cities and towns to provide head-
quarters FOR LOCAL POSTS OF THE LITHUANIAN WAR
VETERANS ORGANIZATION, INC.
Be it enacted, etc., as follows:
Edo.io.l's, Section 9 of chapter 40 of the General Laws is hereby
etc!, 'amended, amended by inserting after the words " Polish- American
Veterans, Inc.", inserted by chapter 303 of the acts of 1950,
the words: — and for a post of the Lithuanian War Veterans
Organization, Inc. Approved February 28, 1952.
Acts, 1952. — Chaps. 116, 117. 71
An Act authorizing annual payments by the city of (Jhn^ \\a
BOSTON TO THE PROPRIETORS OF THE SOCIAL LAW ^
LIBRARY.
Be it enacted, etc., as follows:
The treasurer of the city of Boston shall in each year,
without further authority than that contained in this act,
pay to The Proprietors of the Social Law Library such sum
or sums as the city council of said city, with the approval of
the mayor, may in such year appropriate therefor. All
sums so paid shall be applied by The Proprietors of the Social
Law Library to the purchase of books and the maintenance
of said library. Approved February 28 ^ 1952.
An Act increasing the penalty for the illegal prac- nh„j^ 117
TICE OF dentistry. ^'
Be it enacted, etc., as follows:
Chapter 112 of the General Laws is hereby amended by o. l. (Ter.
striking out section 52, as amended by chapter 123 of the ^tllam^ded^'
acts of 1948, and inserting in place thereof the following
section : — Section 52. Any person who falsely asserts that Penalties for
he has a certificate granted by the board, or who, having of^lenS'^y'''^
such certificate or a duplicate thereof, fails to exhibit the
same as required by section forty-five, or who falsely and
with intent to deceive claims to be a graduate of any college
granting degrees in dentistry, or who, except as permitted
by section fifty-three, directly or indirectly practices or
attempts to practice dentistry or dental hygiene without
being registered under sections forty-five to fifty-one, in-
clusive, or corresponding provisions of earlier laws, or any
registered dentist or incorporated dental company who em-
ploys or permits a person to practice dentistry unless such
person is registered and exhibits his name and certificate as
provided in sections forty-four and forty-five, or any person
who violates any provision of sections forty-three to fifty-
three, inclusive, for which no other penalty is provided, shall,
except as provided in section sixty-five, be punished for the
first offence by a fine of not less than three hundred dollars
or by imprisonment for six months, or both; and for a
subsequent offence by a fine of not less than one thousand
dollars or by imprisonment for six months, or both ; and any
registered dentist who fails to exhibit his full name, as re-
quired by section forty-four, shall be punished by a fine of
not more than fifty dollars; provided, that any corporation
violating any provision of sections forty-three to fifty-three,
inclusive, shall be punished by the fine herein provided for
such violation, and its officers, owners or managers con-
cerned in the violation shall be punished by the fine or
imprisonment herein provided for such violation, or both.
Approved February 28, 1952
72 Acts, 1952. —Chaps. 118, 119, 120.
Chap. 118 An Act allowing the granting of awards to munici-
pal EMPLOYEES.
Be it enacted, etc., as follows:
Edo'io.ls. Section 5 of chapter 40 of the General Laws is hereby
etc!, 'amended, amended by inserting after clause (42), inserted by chapter
113 of the acts of 1951, the following clause: —
awa^di'^to"^ ('^^) ^^^ ^^^ granting of monthly cash awards to munici-
oertain mu- pal employees who, in the judgment of a committee to be
pioye^r™ appointed by the mayor, or in cities governed by the Plan E
authorized. form of charter the city manager, or in towns by the chair-
man of the board of selectmen, submit the most valuable
suggestions for improving the service of the municipality, a
sum not exceeding, in any one year, one one-thousandth of
one per cent of the assessed valuation of the preceding year,
but in no event more than one thousand dollars.
Approved February 28, 1952.
Chap. 11^ An Act authorizing the commissioner or labor and
INDUSTRIES TO SUSPEND THE APPLICATION OF CERTAIN
LABOR LAWS.
Be it enacted, etc., as folloxos:
The commissioner of labor and industries is hereby au-
thorized, in conformity with Article XX of Part the First
of the Constitution of the Commonwealth, to suspend until
July first, nineteen hundred and fifty-three, the application
or operation of any provision of chapter one hundred and
forty-nine of the General Laws or of any rule or regulation
made thereunder, regulating, limiting or prohibiting the
employment of women or minors, or both. The commis-
sioner shall exercise this authority when he finds, after
opportunity has been given to interested parties to be heard,
that an emergency exists or that conditions of hardship in
an industry, branch of an industry, or individual establish-
ment require or justify the suspension of any provision of
such laws, rules or regulations. Suspensions issued by the
commissioner shall prescribe, and may be either granted
or limited to, one or more particular departments, opera-
tions or occupations within an establishment, or a particular
industry or branch of an industry. The commissioner shall
appoint industry advisory committees, on which employers
and employees shall be equally represented, to consult and
advise with him in matters relating to the suspensions au-
thorized by this act. Approved February 28, 1952.
Chap. 120 An Act relative to the admissibility in evidence of
BUSINESS AND PUBLIC RECORDS.
Be it enacted, etc., as follows:
G. L. (Ter. Chapter 233 of the General Laws is hereby amended by
Mw'l^79E. inserting after section 79D, inserted by chapter 240 of the
added. g^ts of 1949, the following section: — Section 79E. If any
Acts, 1952. —Chaps. 121, 122. 73
business, institution, member of a profession or calling, or Admissibility
any department or agency of government, in the regular J," clrtai^^
course of business or activity, has kept or recorded any records.
, ... , ■ , 1 L- 1 • regulated.
memorandum, wntmg entry, prmt, representation or combi-
nation thereof, of any act, transaction, occurrence or event,
and in the regular course of business has caused any or all
of the same to be recorded, copied or reproduced by any
photographic, photostatic, microfilm, microcard, miniature
photographic, or other process which accurately reproduces
or forms a durable medium for so reproducing the original,
the original may be destroyed in the regular course of busi-
ness unless held in a custodial or fiduciary capacity or unless
its preservation is required by law. Such reproduction,
when satisfactorily identified, shall, in the discretion of the
court or administrative body, be as admissible in evidence
as the original itself in any judicial or administrative pro-
ceeding, even though the original is in existence, and an
enlargement or facsimile of such reproduction shall be hke-
wise admissible in evidence if the original reproduction is in
existence and available for inspection under direction of the
court. The introduction of a reproduced record, enlarge-
ment or facsimile shall not preclude admission of the original.
Approved February 28 y 1952.
An Act to make the so-called "Massachusetts lug" a Chav.V2\
LEGAL HALF-BUSHEL CONTAINER.
Be it enacted, etc., as follows:
Section 99A of chapter 94 of the General Laws, as amended Ed^.'gJ,^'
by section 9 of chapter 261 of the acts of 1939, is hereby fur- § sqa. etc.,
ther amended by inserting after the fourth sentence the fol- *™^°'^®^-
lowing sentence : — The Massachusetts lug for tomatoes sold getts Lug*^"'
at wholesale or retail shall contain one thousand seventy- defined,
eight and forty-three one hundredths cubic inches and shall
be of the following dimensions by inside measurements:
seventeen and one half inches in length by eight and one
half inches in width by seven and one quarter inches in depth.
Approved February 28, 1952.
An Act placing the office of the medical examiner of Qfiaxf 122
THE police department OF THE CITY OF BOSTON UNDER
THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The ofiice of the medical examiner of the
police department of the city of Boston shall, upon the
effective date of this act, become subject to the civil service
laws and rules, and the tenure of ofiice of any incumbent of
said office shall be unlimited, subject, however, to said laws
and rules. The incumbent of said office on said effective date
shall be subjected by the division of civil service to a quali-
fying examination, and upon passing said examination he
74
Acts, 1952.— Chaps. 123, 124.
shall be certified for said office and shall be deemed to be
permanently appointed thereto without serving any pro-
bationary period.
Section 2. This act shall take full effect upon its ac-
ceptance by the city council of the city of Boston, subject to
the provisions of its charter, but not otherwise.
Approved February 28, 1952.
Chap. 12d -^N -^C'^ AUTHORIZING CITIES AND TOWNS TO BORROW MONEY
FOR THE PURPOSE OF LINING WATER MAINS.
G. L. (Ter.
Ed.), 44, § 8,
etc., amended.
Municipal
borrowing for
water mains,
etc.
G. L. (Ter.
Ed.), 44. § 8,
amended.
Same
subject.
Effective date.
Be it enacted, etc., as follows:
Section 1. Clause (5) of section 8 of chapter 44 of the
General Laws, as amended by chapter 83 of the acts of 1941,
is hereby further amended by inserting after the word "diam-
eter", in line 2, the words: — , and for lining such mains with
linings of not less than one sixteenth of an inch, — so as to
read as follows: —
(5) For laying and relaying water mains of not less than
six inches but less than sixteen inches in diameter, and for
lining such mains with linings of not less than one sixteenth
of an inch, and for the development of additional well fields,
including wells, pipes, and original pumping station equip-
ment, fifteen years.
Section 2. Clause (6) of said section 8 of said chapter
44, as appearing in the Tercentenary Edition, is hereby
amended by inserting after the word "diameter", in line 2,
the words : — , and for lining such mains with linings of
not less than one sixteenth of an inch, — so as to read as
follows : —
(6) For constructing and laying aqueducts and water
mains of sixteen inches or more in diameter, and for lining
such mains with linings of not less than one sixteenth of an
inch, twenty-five years.
Section 3. This act shall take effect as of January first
in the current year. Approved February 29, 1952.
Chap. 124: An Act relative to expenditures by the town of
BOURNE FOR MUNICIPAL ADVERTISING PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Bourne may annually appro-
priate a sum, not exceeding three thousand dollars, for the
purpose of advertising the advantages of the town, with
special reference to its facilities for summer vacation, recrea-
tion, seashore, residential and small manufacturing purposes.
The money so appropriated shall be expended under the di-
rection of the selectmen.
Section lA. Chapter 164 of the acts of 1937 is hereby
repealed.
Section 2. This act shall take full effect upon its ac-
ceptance by said town after its passage.
Approved February 29, 1962.
Acts, 1952. — Chaps. 125, 126, 127. 75
An Act relative to service of process upon the exec- Qjidj) \2b
UTOR or administrator OF A DECEASED NON-RESIDENT
operator OF A MOTOR VEHICLE.
Be it enacted, etc., as follows:
Section 3A of chapter 90 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by in- amended,
serting after the word "him", in hne 9, the words: — or
against his executor or administrator.
Approved February 29, 1952.
An Act relative to the operation of trackless Chap. 12Q
TROLLEYS.
Be it enacted, etc., as folloios:
Chapter 90 of the General Laws is hereby amended by in- g. l. (Ter.
serting after section 10 the following section: — Section 10 A. ftoA? added.
No person shall operate a vehicle operated by the system Operation of
known as trolleymotor or trackless trolley under chapter troUeyT
one hundred and sixty-three, or under section ten of chap- regulated.
ter five hundred and forty-four of the acts of nineteen hundred
and forty-seven, unless he is also licensed to operate motor
vehicles. In the operation of vehicles operated by the sys-
tem known as trolleymotor or trackless trolley, the operator
shall obey all provisions of law, ordinances, by-laws, rules
and regulations pertaining to the operation of motor vehicles
not inconsistent with the construction or source of power of
said trolleymotor or trackless trolley vehicles or specific
provisions of law, ordinances, by-laws, or rules and regula-
tions relating to the operation of said trolleymotor or track-
less trolley vehicles. Nothing in this section shall be con-
strued to include vehicles operated by the system known as
trolleymotor or trackless trolley within the definition of
"motor vehicles" as contained in section one of this chapter.
For violation of this section, however, the registrar may take
such action upon the motor vehicle license of the operator
as he is authorized to take for violations committed in the
operation of motor vehicles. Approved February 29, 1952.
An Act authorizing the town of southborough to es- Qhn'r) 1 27
TABLISH A BOARD OF PUBLIC WORKS EXERCISING THE ^'
POWERS OF CERTAIN OTHER BOARDS, DEPARTMENTS AND
OFFICES.
Be it enacted, etc., as follows:
Section L There shall be established in the town of
Southborough a board of public works, hereinafter called
the board, to consist of three members. The initial members
thereof shall be elected at the annual town meeting next
following the date on which this act shall become fully
effective, as follows: — one to serve for one year, one for
76 Acts, 1952. — Chap. 127.
two years, and one for three years from the date of said an-
nual town meeting; and thereafter when the term of any
member expires, his successor shall be elected to serve for
three years. In all cases, the members shall serve until their
successors are elected and quahfied. Upon the date when
this act shall become fully effective as provided in section
four and pending the election of the initial members of the
board, the board of selectmen shall act as such board of
public works with all the powers, rights and duties provided
in section two. The members of the board of pubUc works
shall forthwith after each annual town election, elect one of
their members to act as chairman to serve until the next
annual town election. Vacancies in the board shall be filled
for the unexpired term by a joint meeting of the board of
selectmen and the then remaining members of the board of
pubUc works. No person shall serve on the board who holds
another elective or appointive office in the town. The mem-
bers of the board shall receive such compensation for their
services as the town may determine.
Section 2. Upon the date when this act becomes fully
effective the board shall have the powers, rights and duties
now or from time to time vested by general or special law in
the following boards, departments and offices in said town,
to wit: water commissioners, highway department, includ-
ing the superintendent of streets, cemetery commissioners,
park department, moth department, and tree warden, and
such boards, departments and offices shall thereupon be
aboUshed. In addition, the board is hereby authorized to
and shall assume all powers, rights, duties and liabilities with
respect to the collection and disposal of garbage in said town.
No contracts or liabihties in force on the date when this act
becomes fully effective shall be affected, but the board shall
in all respects be the lawful successor of the boards, depart-
ments and offices so abolished.
Section 3. The board shall appoint a superintendent of
public works and fix his compensation. He shall be a com-
petent civil engineer, being especially fitted by training and
experience to perform the duties of said office. He may or
may not be a resident of the town. The board of selectmen
acting as a board of public works as provided in section one,
may appoint and remove a temporary superintendent of
public works to serve until the election of the board of public
works and may fix his compensation. The appointment of
such temporary superintendent shall in no way be binding
on the board of public works. The temporary superintendent
so appointed need not possess the qualifications required
hereunder in case of the appointment of a superintendent by
the board of public works. The superintendent shall exer-
cise and perform under the supervision and direction of the
board, such of the powers, rights and duties transferred to it
under section two as it may from time to time designate.
The superintendent shall be responsible for the efficient
exercise and performance of such powers, rights and duties.
Acts, 1952. — Chap. 127. 77
The board by a majority vote may at any time remove the
superintendent for cause after a hearing or an opportunity
therefor, provided a written statement setting forth specific
reasons for such removal is filed with the town clerk and a
copy thereof delivered to or sent by registered mail to said
superintendent at least five days before the date of said
proposed hearing. The action of the board shall be final.
No member of the board shall be eligible for appointment as
such superintendent of public works. During his tenure,
the superintendent shall hold no elective or other appointive
office, nor shall he be engaged in any other business or occu-
pation. The superintendent shall, subject to the approval
of the board, appoint such assistants, agents and employees
as the exercise and performance of his powers, rights and
duties may require and may remove them, subject to the
approval of the board. He shall keep full and complete
records of the doings of his office and render to the board as
often as it may require a full report of all operations under
his control during the period reported upon; and annually
and from time to time as required by the board, he shall
make a synopsis of such reports for publication, including an
annual report for publication in the town report. He shall
keep the board fully advised as to the needs of the town with-
in the scope of his duties, and shall annually furnish to the
board not later than the first day of December of each year
a carefully prepared and detailed estimate in writing of the
appropriation required during the next succeeding fiscal
year for the proper exercise and performance of all said
powers, rights and duties. The superintendent, as the
board may direct, may undertake such engineering services
as the town may need in departments other than those
mentioned in section two.
Section 4. This act shall take full effect when accepted
by a majority of the voters of said town present and voting
thereon by ballot in accordance with the provisions of Gen-
eral Laws, so far as the same shall be applicable, at a meeting
which the selectmen shall call for the purpose, not later than
thirty days before the annual town meeting, in answer to the
following question which shall be placed upon the official
ballot to be used at said meeting: — "Shall an act passed
by the General Court in the year nineteen hundred and
fifty-two entitled 'An Act authorizing the town of South-
borough to establish a board of public works exercising the
powers of certain other boards, departments and oflfices',
be accepted? "
Section 5. At any time after the expiration of three
years from the date on which this act is accepted, twenty
per cent of the qualified voters of the town may petition
the selectmen that the question of revoking the acceptance
of this act be submitted to the voters at a meeting to be
held at least sixty days before the annual town meeting.
The vote shall be taken by ballot in accordance with the
provisions of General Laws, so far as the same shall be
78 Acts, 1952. — Chaps. 128, 129.
applicable, in answer to the following question which shall
be placed upon the official ballot to be used at said meeting:
— "Shall the acceptance by the town of an act passed by
the General Court in the year nineteen hundred and fifty-
two, entitled 'An Act authorizing the town of Southborough
to establish a board of public works exercising the powers of
certain other boards, departments and offices' be revoked?"
If such revocation is favored by a majority of the voters
voting thereon, and if the total number of voters voting
thereon shall be a majority of the registered voters of the
town, this act shall cease to be operative on and after the
next annual town meeting following such vote, and the town
shall at the next annual town meeting following such vote
elect such boards and officers as are necessary to exercise and
perform the powers, rights and duties transferred to the
board of public works by this act. Such action shall not
affect any contract then existing or any action at law or
suit in equity or other proceeding then pending. All general
laws respecting town administration and town officers and
any special laws relative to the town, the operation of which
has been suspended or superseded by the acceptance of this
act, shall be revived by such revocation and shall continue
to be in full force and effect. By-laws in force when such
revocation takes effect, so far as they are consistent with
general laws respecting town administration and town
officers, and with special laws relating to the town, shall not
be affected thereby, but any other by-law inconsistent with
such general or special laws shall be annulled. Any subse-
quent petition to revoke the acceptance of this act shall not
be filed under this section oftener than once in every three
years. Approved February 29, 1952.
CJiap. 12S An Act restricting the number of times the name of
A CANDIDATE MAY APPEAR ON OFFICIAL BALLOTS FOR A
PARTICULAR OFFICE.
Be it enacted, etc., as follows:
Ed^M^Mi Section 41 of chapter 54 of the General Laws, as most
etc!, 'amended', recently amended by chapter 78 of the acts of 1946, is hereby
of'^name of furthcr amended by adding at the end the following: — The
candidate name of any person shall not be printed on the official ballot
re^'st'^tcted.' or ou ballot kbels more than once as a candidate for the
same office. Approved March 3, 1952.
Chap. 129 An Act relative to the distribution of pasters or
STICKERS AT POLLING PLACES.
Be it enacted, etc., as follows:
Ed^'sllo^ Section 65 of chapter 54 of the General Laws is hereby
etc!, 'amended, amended by striking out the second sentence, as appearing
in section 15 of chapter 411 of the acts of 1943, and inserting
Acts, 1952. — Chap. 130. 79
in place thereof the following : — Pasters, commonly called ^'^^^tw-s"**
stickers, shall not be posted in the polUng place, in the or stickers
building where the polling place is located, on the walls piace"'"^
thereof, on the premises on which the building stands, on regulated.
the sidewalk adjoining the premises where such election is
being held, or within one hundred and fifty feet of the
entrance to such polhng place. Such pasters or stickers
may be distributed adjacent to or in the building where the
polling place is located or at the entrance to, but not in, the
room where the polling takes place.
Approved March 5, 1952.
An Act relative to loans by the city of Worcester.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 211 of the Special Acts
of 1916, as amended by section 1 of chapter 138 of the acts
of 1920, is hereby further amended by inserting after the
word "crossings", in line 15, the words: — , the original
construction and surfacing or the resurfacing with permanent
pavement of off-street parking areas owned and operated
by the city, the acquisition of land, by eminent domain or
purchase, for said parldng areas, — so as to read as follows:
— Section 1 . In addition to the restrictions contained in
chapter seven hundred and nineteen of the acts of the year
nineteen hundred and thirteen relative to municipal in-
debtedness, the city of Worcester shall not incur any in-
debtedness, other than for temporary loans in anticipation
of revenue for the financial year in which such indebtedness
is incurred, in excess of the amount appropriated in the
same year for sinking funds for the payment of loans created
prior to the time when the establishment of further sinking
funds for the payment of debt was prohibited by said act,
except for the development and enlargement of the water
system, the construction of trunk sewers, the increase in the
capacity of the sewage purification plant, the erection of
high school buildings, the aboUtion of grade crossings, the
original construction and surfacing or the resurfacing with
permanent pavement of off-street parking areas owned and
operated by the city, the acquisition of land, by eminent
domain or purchase, for said parking areas, and emergencies.
For the purpose of this act, a trunk sewer is defined as a
sewer the net cost of which, to be borne by the city, exceeds
five dollars per lineal foot. In determining the amount ap-
propriated for sinking funds in any year, under the pro-
visions of this act, amounts appropriated for water debt
sinking funds shall be excluded. For the purpose of deter-
mining the year in which any indebtedness is incurred within
the meaning of this act a debt shall be deemed to be incurred
at the time when the order of the city council authorizing
the same is approved by the mayor, or at the time when the
order becomes valid without the mayor's approval. For the
Chap. ISO
80 Acts, 1952. — Chap. 131.
purposes of this act all loans heretofore authorized but not
yet made shall be deemed to be debts incurred at the re-
spective times when the orders authorizing the loans were
approved by the mayor.
Section 2. This act shall take effect upon its passage.
Approved March 7, 1952.
C/iap.l31 An Act authorizing the town of Bedford to construct
A main sewer within the town of LEXINGTON.
Re it enacted, etc., as follows:
Section 1. Chapter 223 of the acts of 1947 is hereby
amended by inserting after section 1 the following section: —
Section lA. The town of Bedford is hereby authorized to
construct a force main in Bedford street from the Bedford-
Lexington town line for a distance not exceeding nine hun-
dred feet in Lexington, for the purpose of removing the
sewage from the said town of Bedford to the sewerage system
of the town of Lexington. Whenever Bedford street shall be
dug up in connection with the construction or maintenance
of the said force main by the tov/n of Bedford in the town of
Lexington, the said town of Bedford shall restore the same
to as good order and condition as the same was when such
digging commenced. If the boards of selectmen of the town
of Bedford and the town of Lexington shall be unable to agree
as to the proper or just sum or sums which shall be paid by
the town of Bedford to the town of Lexington for the pur-
poses of sewage disposal, either town, acting by its board of
selectmen, may petition the supreme judicial court, which
shall appoint three commissioners to determine the same,
subject to the approval of the court.
Section 2. Section 4 of said chapter 223 is hereby
amended by inserting after the word "and", in line 6, the
words : — any easement in that portion of Bedford street in
the town of Lexington described in section one A necessary
for the construction of said force main, and within the town
of Bedford, — so as to read a« follows: — Section 4- Said
board of sewer commissioners, acting for and on behalf of
said town, may take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by purchase
or otherwise, any lands, water rights, rights of vf&y or
easements, public or private, in said town, necessary for
accomphshing any purpose mentioned in this act, and any
easement in that portion of Bedford street in the town of
Lexington described in section one A necessary for the con-
struction of said force main, and within the town of Bedford
may construct such main drains and sewers under or over
any bridge, railroad, railway, boulevard or other public way,
or within the location of any railroad, and may enter upon
and dig up any private land, public way or railroad location,
for the purpose of laying such drains and sewers and of
maintaining and repairing the same, and may do ojiy other
Acts, 1952. — Chap. 131. 81
thing, as may be proper or necessary for the purposes of this
act; provided, that they shall not take in fee any land of a
railroad corporation, and that they shall not enter upon or
construct any drain or sewer within the location of any
railroad corporation except at such time and in such manner
as they may agree upon with such corporation, or, in case of
failure to agree, as may be approved by the department of
public utilities.
Section 3. Said chapter 223 is hereby further amended
by striking out section 7 and inserting in place thereof the
following section : — Section 7. The town shall determine
what proportion of the cost of the said sewerage system,
pumping stations and force mains the town shall pay. In
providing for the pa)anent of any portion of the cost thereof
by abutters to the sewerage system, including public and
private institutions, the town may avail itself of any or all
methods permitted by the General Laws, including annual
charges as provided for in section sixteen of chapter eighty-
three, which may be applied to the payment of the cost of
maintenance and repairs of the sewerage works, or of any
debt contracted for sewer purposes, and to defray such por-
tion of the cost of the construction of the said works as
may be determined by the town, and such charges and assess-
ments shall be paid by every person or institution who enters
his or its particular sewer into the sewerage system of the
town. The provisions of the General Laws relative to the
assessment, apportionment, division, reassessment, abate-
ment and collection of sewer assessments, to liens there-
for and to interest thereon, shall apply to assessments and
charges made under this act. The town, after a determina-
tion has been made of the proportion of the cost of the
sewerage works the town shall pay, shall by vote determine
by which of such methods the remaining portion of said cost
shall be provided for. The collector of taxes of said town
shall certify the payments of such assessments or apportion-
ments thereof to the sewer commissioners, who shall preserve
a record thereof.
Section 4. Section 8 of said chapter 223 is hereby
amended by striking out, in line 4, the words "two hundred
and seventy-five " and inserting in place thereof the words : —
five hundred and twenty-five, — so as to read as follows: —
Section S. For the purpose of paying the necessary expenses
and liabilities incurred under this act, the town may borrow
such sums as may be necessary, not exceeding, in the aggre-
gate, five hundred and twenty-five thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Bedford Sewerage Loan, Act of 1947. Each
authorized issue shall constitute a separate loan. Indebted-
ness incurred under this act shall be in excess of the statutory
limit, but shall, except as provided herein be subject to
chapter forty-four of the General Laws.
Section 5. Action taken under this act at the annual
town meeting of the town of Bedford held in the current
82 Acts, 1952. — Chap. 132.
year shall be as effective as though this act had been in full
force and effect at the time the warrant for said meeting was
posted.
Section 6. This act shall take effect upon its passage.
Approved March 7, 1952.
Ghap. 1S2 An Act relative to the payment of the cost of con-
struction OF PARTICULAR SEWERS AND CONNECTING
DRAINS IN THE TOWN OF NATICK.
Be it enacted, etc., as follows:
Section 1. The town of Natick, through its commis-
sioners of public works, may, upon request of the owner of
any estate abutting on any way where a main drain or
common sewer is constructed, lay in such sewered way and
in the private land of such owner such particular sewer or
connecting drain as may be necessary to connect any building
on such estate with such main drain or sewer, and said
commissioners may make all necessary contracts in the
name and behalf of the town for such purpose. The ex-
penses thereof shall be paid out of any appropriation that
may be made by the town therefor.
Section 2. The cost of constructing each particular
sewer or connecting drain shall be assessed by the commis-
sioners of public works upon the estate benefited thereby.
Such assessment shall be made by filing with the board of
assessors of the town a certificate, designating the wa}- and
the private land in which such particular sewer or connecting
drain has been constructed, and giving the name or names
of the owners of the estate for which such connection has
been made and the amount of the assessment to be paid
by such owner or owners. A copy or duplicate of this cer-
ti£cate shall, within ten days after the fihng of the same
with the board of assessors, be recorded in the registry of
deeds for the county of Middlesex, or, in the case of registered
land, filed in the office of the assistant recorder for Middlesex
county registry district. The board of assessors shall, upon
receipt of such certificate, forthwith commit such assess-
ments or charges with their warrant to the collector of taxes,
who shall forthwith make a demand in writing for the pay-
ment of such assessments or charges, and every owner shall,
within three months after such demand is served upon him
or on the occupant of such estate, or sent by mail to the last
address of the owner known to the collector of taxes, pay to
the collector of taxes the sum so assessed or charged.
Section 3. Except as herein provided, the provisions
of general law relative to the assessment, apportionment,
division, re-assessment, abatement and collection of sewer
assessments, to liens therefor and to interest thereon shall
apply to assessments made under this act. In applying said
provisions to assessments made under the act, the notice
referred to therein shall be deemed to be the demand of
Acts, 1952. —Chaps. 133, 134. 83
the tax collector required by section two hereof. The lien
for any assessment made under this act shall attach upon
the recording or fihng for registration of the copy or dupli-
cate of the certificate of assessment. In the apportionment
of assessments made under this act, no instalment shall be
less than five dollars.
Section 4. Any moneys authorized to be appropriated
and borrowed at the annual to^Ti meeting of the town of
Natick in the current year for the construction of sewer
mains, pumping stations and force mains north of West
Central street and westerly of Speen street may be expended
for the purposes authorized by section one of this act.
Section 5. This act shall take effect upon its passage.
A'p'proved March 7, 1952.
An Act authorizing the county of franklin to use (JJidj) 133
FUNDS in the post-war REHABILITATION FUND FOR RE-
PAIR OR CONSTRUCTION OF A ROOF ON THE FRANKLIN
COUNTY COURT HOUSE IN THE TOWN OF GREENFIELD.
Be it enacted, etc., as follows:
Section 1. The county of Franklin is hereb}'^ authorized
to use ten thousand dollars of the funds in the county
treasury appropriated for a post-war rehabilitation fund for
the repair or construction of a roof on the Frankhn county
court house in the town of Greenfield.
Section 2. Tliis act shall take effect upon its passage.
Approved March 7, 1962.
An Act requiring the approval of the board of health Qfiav 134
BEFORE A PLANNING BOARD MAY APPROVE A PLAT.
Whereas, The deferred operation of this act would tend p^ambie*'^
to defeat its purpose, which is to assure proper methods of
providing for sanitary water supply, sewage and drainage
disposal in municipal planning, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the pubHc health and convenience.
Be it enacted, etc., as follows:
Section 1. The third paragraph of section 81M of chap- g. l. (Ter.
ter 41 of the General Laws, as appearing in section 4 of § siM/etc,
chapter 340 of the acts of 1947, is hereby amended by in- amended,
serting after the third sentence the following sentence : — No Approval of
such subdivision shall be approved until the local board of hT certa/n^c^se]!
health has advised the planning board, in writing, that it required,
has approved the proposed method of providing for sanitary
water supply, sewage disposal and drainage.
Section 2. The provisions of this act shall also apply to Act to apply
any subdivision approved by a planning board prior to its pro^^^ioM.
effective date if no building has been constructed in such
subdivision. Approved March 7, 1952.
84 Acts, 1952. —Chaps. 135, 136.
Chap.lSb An Act increasing the amount that may be expended
BY THE CITY OF BOSTON TO OBTAIN INFORMATION ON
MUNICIPAL AFFAIRS.
Be it enacted, etc., as follows:
Section 1. Chapter 274 of the acts of 1914 is hereby
amended by gtriking out section 2, as amended by section 1
of chapter 54 of the acts of 1921, and inserting in place thereof
the following: — Section 2. The mayor and city council of
the cit}' of Boston are hereby authorized to appropriate an-
nually, under the provisions of section three of chapter four
hundred and eighty-six of the acts of nineteen hundred and
nine, an amount not exceeding seventy-five hundred dollars
to defray the traveling and other necessary expenses incurred
under the provisions of section one of this act. An itemized
account of such expenses shall be filed with the city auditor.
Section 2. This act shall take effect upon its passage.
Approved March 7, 1952.
C/iap. 136 An Act increasing the amount of money that the town
OF LYNNFIELD may BORROW FOR SCHOOL PURPOSES AND
VALIDATING CERTAIN ACTION OF THE TOWN IN CONNECTION
WITH SUCH BORROWING.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 723 of the acts of 1951
is hereby amended by striking out, in hues 5 and 6, the words
"five hundred thousand" and inserting in place thereof the
words: — one million, — so as to read as follows: — Section 1.
For the purpose of constructing and originally equipping and
furnishing a new school building, the town of Lynnfield may
borrow, from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, one million dollars, and may
issue bonds or notes therefor, which shall bear on their
face the words, Lynnfield School Building Loan, Act of 1951.
Each authorized issue shall constitute a separate loan and
such loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as pro-
vided herein, be subject to chapter forty-four of the General
Laws, exclusive of the Umitation contained in the first para-
graph of section seven thereof.
Section 2. The action of the inhabitants of the town of
Lynnfield, at a town meeting in the year nineteen hundred
and fifty-one, in voting to appropriate one milhon one hun-
dred thousand dollars, of which one million ninety-five thou-
sand dollars was to be borrowed and five thousand dollars
was to be transferred from the unexpended balance of a cer-
tain prior appropriation, to provide money to construct,
equip and furnish a new school building is hereby ratified
and confirmed.
Section 3. This act shall take effect upon its passage.
Approved March 7, 196S.
Acts, 1952.— Chaps. 137, 138, 139, 140. 85
An Act relative to real estate loans by co-operative Qhnj) 1Q7
BANKS, ^'
Be it enacted, etc., as follows:
Paragraph 8 of section 24 of chapter 170 of the General EdV'i7o''8 24
Laws, as appearing in section 1 of chapter 371 of the acts of etc!, 'amended.'
1950, is hereby amended by inserting after the first sentence
the following sentence : — In the case of a construction loan, Construction
during the period of construction, suspension of principal J.'^^^ative
payments shall not be for a period of more than nine months, banks.
Approved March 7, 1962. '^«"'*****-
An Act relative to the right of civil service employees Qhav 138
to petition their city or town government and to
appear before committees thereof.
Be it enacted, etc., asfolloios:
Chapter 31 of the General Laws is hereby amended by in- o. l. (Ter.
serting after section 46 J, inserted by chapter 288 of the acts ft6i{?addMi
of 1946, the following section: — Section 46K. The right of Certain rights
persons employed under civil service by any city or town of eLpi^yl^^"*
the commonwealth, either indi^ddually or collectively, to regijated.'
petition the city or town government or anj'- member thereof,
to furnish information to the mayor, city or town manager,
city council, board of aldermen or selectmen, or to appear
before any committee thereof shall not be denied or inter-
fered with. This section shall not authorize an employee
not on leave to absent himself during regular working hours
from his office or employment without permission.
Approved March 7, 1952.
An Act providing for advancement for speedy trial nhn^ iqq
OF CERTAIN ACTIONS UNDER THE ELECTION LAWS. ^ *
Be it enacted, etc., as follows:
Chapter 231 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 59C, inserted by section 1 of chapter ^bli^^^i^.
118 of the acts of 1935, the following section: — Section 59D. Speedy tnai
An action in law or in equity or otherwise commenced in any actlw^^under
court of this commonwealth to determine the results of an f^^.g^'*"*'"'*
election, primary or caucus, or to enforce, determine the authorized,
meaning or application of any of the provisions of chapters
fifty to fifty-four A, inclusive, on motion of any party thereto,
shall be advanced by the court for speedy trial so that it
may be heard and determined with as little delay as possible.
Approved March 7, 1952.
An Act relative to the boston firemen's relief fund, nhn^ \ac\
Be it enacted, etc., as folloios:
Chapter 308 of the acts of 1909 is hereby amended by
striking out section 3, as amended by section 2 of chapter 134
of the acts of 1911, and inserting in place thereof the fol-
86 Acts, 1952. — Chap. 141.
lowing section : — Section S. The corporation shall, sub-
ject to the approval of the majority of members of the Bos-
ton fire department and members of the Boston protective
department voting at the annual election of the members of
the Boston Firemen's Relief Fund, and further subject to
the approval of the fire commissioner of the city of Boston,
adopt by-laws for the management of its property and for
carrying out its purposes; and it shall annually, within sixty
days after the election herein provided for, choose such offi-
cers as may be required by its by-laws. The corporation
shall annually file a report with the city clerk of said city
and with the commissioner of corporations and taxation
showing in detail its assets and liabilities, its receipts of
money or other property, the source of such receipts, and a
statement of all sums paid out for relief or for expenses, with
the names of the persons receiving the same.
Approved March 7, 1952.
Chap. 14:1 An Act relative to preliminary elections in the
CITY OF PEABODY.
Be it enacted, etc., as folloios:
Section 1. Chapter 300 of the Special Acts of 1916 is
hereby amended by inserting after section 19 the following
section: — Section 19 A. If at the expiration of the time
for filing statements of candidates to be voted for at any
preliminary election not more than twice as many such
statements have been filed with the city clerk for the office
of mayor, councillor at large, ward councillor, member of
the school committee or trustee of the Peabody Institute as
are to be elected to said offices respectively, the candidates
whose statements have thus been filed shall be deemed to
have been nominated to said offices respectively, and their
names shall be used at such regular or special election, and
the city clerk shall not print said names upon the ballot to
be used at said preliminary election, and no other nomination
to said offices shall be made. And if in any ward, at the
expiration of the time for filing statements of candidates to
be voted for at any preliminary election, not more than
twice as many such statements have been filed with the
city clerk for the office of councillor from such ward as are
to be elected, the candidates whose statements have thus
been filed shall be deemed to have been nominated, and
their names shall be printed on the official ballot to be used
at such regular or special election, and the city clerk shall
not print said names upon the ballot to be used at said
preliminary election, and no other nominations to said
offices shall be made. And if it shall appear that no names
are to be printed upon the official ballot to be used at any
preliminary election in any ward or wards of the city, no
preliminary election shall be held in any such ward or wards.
Section 2. This act shall be submitted to the registered
voters of the city of Peabody at its next city election in the
Acts, 1952.— Chaps. 142, 143. 87
form of the following question, which shall be placed on the
official ballot to be used at said election: — "Shall an act
passed by the general court in the year nineteen hundred
and fifty-two, entitled 'An Act relative to preliminary
elections in the city of Peabody', be accepted?" If a ma-
jority of the votes in answer to said question is in the af-
firmative, this act shall thereupon take full effect, but not
otherwise. Approved March 7, 1962.
An Act relative to the appointment of trustees of (jfid'T) 140
STATE INSTITUTIONS TO CERTAIN OFFICES OR POSITIONS
IN SUCH INSTITUTIONS.
Be it enacted, etc., as follows:
Chapter 30 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 23, as appearing in the Tercentenary f 23Afaddld.
Edition, the following section: — Section 23 A. Any trustee Appointments
of a state institution who is appointed to such office by the tl^tees^
governor, with the ad^dce and consent of the council, shall, regulated.
during the term for which he was appointed, be ineligible
to hold any other office or position in said institution.
Approved March 7, 1952.
An Act authorizing an appeal from decisions of the C/ia»,143
BUILDING AND HEALTH COMMISSIONERS OF THE CITY OF
boston approving CERTAIN LOCATIONS IN SINGLE RESI-
DENCE DISTRICTS.
Be it enacted, etc., as follows:
Section 1. Paragraph (3) of section 3 of chapter 488 of
the acts of 1924, as amended by section 3 of chapter 373 of
the acts of 1941, is hereby further amended by inserting after
the word "hearing", in line 7, the following: — ; and pro-
vided, further, that any person aggrieved by a decision of
said commissioners may, within ninety days after notice
thereof, appeal therefrom as provided in section nineteen, —
so as to read as follows : —
(3) Educational, religious, philanthropic or other insti-
tutional uses, provided that in the case of a hospital, home
for aged, convalescent home, sanitarium, correctional insti-
tution or similar use the health commissioner of Boston and
building commissioner of Boston approve the location as not
detrimental or injurious to the residential character of the
neighborhood after public notice and hearing; and provided,
further, that any person aggrieved by a decision of said com-
missioners may, within ninety days after notice thereof, ap-
peal therefrom as provided in section nineteen;
Section 2. This act shall take effect on January first,
nineteen hundred and fifty-three.
Approved March 7, 1962.
88 Acts, 1952. — Chaps. 144, 145, 146, 147.
Ch^ip. 144 An Act to make uniform in certain statutes the date
OF THE END OF THE FISCAL YEAR.
Be it enacted, etc., as follows:
Edt 7^r30 Section 30 of chapter 7 of the General Laws, as appearing
amended. ' in the Tercentenary Edition, is hereby amended by striking
out, in line 18 and in Une 21, the word "November" and
inserting in place thereof, in each instance, the word : —
June. Approved March 7, 1952.
Chap. 146 An Act designating the mew swimming pool in the
CITY OF WALTHAM AS THE LOUIS B. CONNORS MEMORLA.L
POOL.
Be it enacted, etc., as follows:
The swimming pool authorized to be constructed and
maintained in the city of Waltham under authority of chap-
ter six hundred and forty-eight of the acts of nineteen hun-
dred and forty-nine shall be designated and knowTi as the
Louis B. Connors Memorial Pool. The metropolitan district
commission is hereby authorized and directed to erect at
said pool, upon its completion, a suitable tablet or marker
bearing said designation. Approved March 7, 1952.
Chap. 14^ An Act permitting facsimile signatures on certain
INSURANCE policies.
Emergency Whcreas, The deferred operation of this act would tend
pream e. ^^ defeat its purpose which is to make valid without delay
facsimile signatures on certain insurance policies, therefore
it is hereby declared to be an emergency law, necessary for
the immediate preser\'"ation of the public safety and con-
venience.
Be it enacted, etc., as follows:
Ed^ffs** "^^^ ^^^^ paragraph of section 157 of chapter 175 of the
§ ib7, etc.. General Laws, as most recently amended by chapter 451 of
amen ed. ^^^ ^^^^ ^^ 1941, is hereby further amended by adding at
r^'^l™''®^"*' the end the following sentence: — A facsimile of a signature
natures on i • i • • i i • c •
certain insur- 01 any such resident agent iraprmted on any policy oi acci-
aSthom'^^' dent insurance issued to airplane or railroad passengers
through vending machines, which he is authorized to sign,
shall have the same validity as his written signature.
Approved March 10, 1952.
Chap. 147 An Act authorizing Worcester five cents savings
BANK TO INVEST IN IMPROVEMENT OF ITS BUILDING IN THE
CITY OF WORCESTER USED FOR THE TRANSACTION OF ITS
BUSINESS.
Be it enacted, etc., as follows:
Section 1. Worcester Five Cents Savings Bank, in-
corporated under chapter two hundred and forty of the
acts of eighteen hundred and fifty-four, and having its usual
Acts, 1952. — Chaps. 148, 149. 89
place of business in the city of Worcester, may, subject to
the approval of the commissioner of banks, invest in the
alteration or renovation of the building now owned by it in
said Worcester and used in whole or in part for its business
purposes, or in the erection of a new building on the same
site, a sum not exceeding five hundred thousand dollars, in
addition to any sums said bank has heretofore been author-
ized to invest in connection with said building and the land
on which it is situated.
Section 2. This act shall take effect upon its passage.
Approved March 10, 1952.
An Act relative to certain shares of co-operative Chav.\4:^
BANKS owned BY PERSONS ENGAGED IN THE MILITARY
OR NAVAL SERVICE OF THE UNITED STATES, OR BY THEIR
DEPENDENTS.
Whereas, The deferred operation of this act would tend J;'^3"°^
to defeat its purpose, which is to protect certain shareholders
of co-operative banks who are in the service of the armed
forces of the United States, therefore this act is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public safety and convenience.
Be it enacted, etc., as follows:
Section 2 of chapter 371 of the acts of 1950 is hereby
amended by adding at the end the following paragraph : —
During any period that the United States is in a state of
war or is engaged in hostilities under the flag of the United
Nations, or has any form of compulsory military training,
military share accounts may be maintained in the manner
described in section seventeen A of said chapter one hundred
and seventy as in force immediately prior to the effective
date of this act. Approved March 10, 1952.
An Act relative to guaranty funds of co-operative (7/^ax>.149
BANKS.
Whereas, The deferred operation of this act would tend p^Se"*"
to defeat its purpose, which is to make the provisions con-
tained therein effective immediately, therefore it is hereby
declared to be an emergency law, necessary for the immedi-
ate preservation of the public convenience.
Be it enacted, etc., as follows:
If, during the period from January first, nineteen hundred
and fifty-two to July first, nineteen hundred and fifty-three,
at any distribution date the guaranty fund and surplus
account together amount to at least eleven per cent of the
share liability of a co-operative bank, the transfer to the
guaranty fund described in the second paragraph of section
thirty-eight of chapter one hundred and seventy of the
General Laws shall not be required, provided an equivalent
amount is transferred from the surplus account to the
guaranty fund. Approved March 10, 1952.
90
Acts, 1952. — Chaps. 150, 151.
Chap. 150 An Act further limiting the investments by a trust
COMPANY IN CERTAIN LOANS INSURED BY THE FEDERAL
HOUSING COMMISSIONER.
Be it enacted, etc., as follows:
Chapter 172 of the General Laws is hereby amended by
inserting after section 34 the following section: — Section
SJfA. In addition to the provisions contained in section
thirty-four and subject to regulations made by the com-
missioner such corporation may, in its commercial depart-
ment, make, acquire or participate in first mortgages of real
estate without restrictions as to the location of properties
securing such loans when the notes have been endorsed for
insurance, or commitments to insure have been given, by
the Federal Housing Commissioner, or combined with
secondary mortgages guaranteed in full by the United States
of America under the Servicemen's Readjustment Act of
nineteen hundred and forty-four, as amended; provided,
that the amount so invested by such corporation shall not
exceed the limits with respect to the liability of one borrower
as is contained in section forty. Approved March 10, 1952.
G. L. (Ter.
Ed.), 172,
new § 34A,
added.
Investments
by trust
companies in
certain loans
insured by
federal housing
oommissioner,
regulated.
Chay. Ibl An Act to extend the rights under summary process
TO purchasers of real estate.
G. L. (Ter.
Ed.), 239. § 1,
etc., amended.
Rights under
summary proc-
ess, extended.
G. L. (Ter.
Ed.), 239, § 6,
amended.
Condition of
bond in action
for possession
after purchase.
Be it enacted, etc., as follows:
Section 1. The first sentence of section 1 of chapter 239
of the General Laws, as amended by section 1 of chapter 242
of the acts of 1941, is hereby further amended by inserting
after the word "otherwise", in hues 8 and 9, the following:
— , or if a person has acquired title to land or tenements by
purchase, and the seller or any person holding under him
refuses to surrender possession thereof to the buyer, — so
as to read as follows : — If a forcible entry into land or tene-
ments has been made, if a peaceable entry has been made
and the possession is unlawfully held by force, if the lessee
of land or tenements or a person holding under him holds
possession without right after the determination of a lease
by its own Hmitation or by notice to quit or otherwise, or if a
mortgage of land has been foreclosed by a sale under a power
therein contained or otherwise, or if a person has acquired
title to land or tenements by purchase, and the seller or any
person holding under him refuses to surrender possession
thereof to the buyer, or if a tax title has been foreclosed by
decree of the land court, the person entitled to the land or
tenements may recover possession thereof under this chapter.
Section 2. Section 6 of said chapter 239, as appearing
in the Tercentenary Edition, is hereby amended by adding
at the end the following sentences : — If the action is for
possession of land after purchase, the condition of the bond
shall be for the entry of the action and payment to the
plaintiff, if final judgment is in his favor, of all costs and of a
Acts, 1952. — Chaps. 152, 153. 91
reasonable amount as rent of the land from the day that the
purchaser obtained title to the premises until the delivery
of possession thereof to him, together with all damage and
loss which he may sustain by withholding ef possession of
the land or tenement demanded, and by any injury done
thereto during such withholding with all costs. Upon final
judgment for the plaintiff, all money then due to him may
be recovered in an action on the bond.
Approved March 10, 1952.
An Act designating the ice-skating rink to be con- QJiqj) 152
structed in the blue hills reservation or vicinity
as the max ulin skating rink.
Be it enacted, etc., as folloros:
Section 1. The ice-skating rink to be constructed in the
Blue Hills reservation or vicinity by the metropolitan dis-
trict commission, under authority of chapter six hundred
and two of the acts of nineteen hundred and fifty, shall be
known and designated as the Max Ulin Skating Rink in
commemoration of the late Max Ulin, former member of
the state senate and at the time of his death a member of
said commission. A suitable tablet or marker bearing said
designation shall be erected by said commission at said rink
upon its completion.
Section 2. This act shall take effect upon its passage.
Approved March 12, 1952.
An Act further regulating the inspection of boilers. Chav.XbZ
Be it enacted, etc., as folloxos:
Section 13 of chapter 146 of the General Laws, as appear- o. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by ^mendecf.' ^ ^^'
inserting after the word "commonwealth", in line 4, the
following : — ; or, in the case of shop inspections in a boiler
shop outside of the commonwealth, by such other inspectors
holding a national board of boiler and pressure vessel in-
spectors commission as are approved by the chief of inspec-
tions,— so as to read as follows: — Section 13. The inspection of
inspection of boilers and appurtenances shall be made by reg^a'ted!^*^"'
the division, under the supervision of the chief, or by in-
spectors of insurance companies authorized to insure steam
boilers in the commonwealth ; or, in the case of shop inspec-
tions in a boiler shop outside of the commonwealth, by such
other inspectors holding a national board of boiler and
pressure vessel inspectors commission as are approved by
the chief of inspections. Approved March 12, 1952.
92 Acts, 1952.— Chaps. 154, 155, 156.
Chap. 154: An Act increasing the fee for filing an appeal from
A REFUSAL TO ISSUE A CERTIFICATE OF COMPETENCY TO
INSPECT STEAM BOILERS FOR INSURANCE COMPANIES.
Be it enacted, etc., asfolloivs:
Edo.' i46^§ 63. Section 63 of chapter 146 of the General Laws, as appear-
amended.' ing in the Tercentenary Edition, is hereby amended by
striking out, in line 7, the word "fifteen" and inserting in
place thereof the word : — twenty, — so as to read as follows:
Fee. — Section 63. A person who is refused a certificate of
competency, or whose certificate is revoked, may appeal
from such decision to the commissioner, who shall grant a
rehearing of the case by a board of five examiners, no one
of whom shall have acted as an examiner in the former
instance; provided, that in the case of a person desiring to
appeal from a refusal to issue to him a certificate of com-
petency such appeal is accompanied by a fee of twenty
dollars. Their decision shall be final if approved by said
commissioner. Approved March 12, 1952.
Chap. 155 An Act to insure adequate safety conditions for
WINDOW cleaners.
Be it enacted, etc., as folloios:
G. L. (Ter Section 6 of chapter 149 of the General Laws, as most
etc!, 'amended*, recently amended by chapter 249 of the acts of 1937, is
hereby further amended by adding at the end the following
two paragraphs : —
Safety condi- The rules and regulations for suitable safety devices or
do^cieL^rs' other reasonable means or requirements for the prevention
regulated. Qf accidcuts shall also be applicable to self-employed and
individual contractors who themselves work at the trade as
well as to employees.
Penalty. Whoever violates any reasonable rule, regulation or re-
juTisdiction. quirement made by the department under authority hereof
shall be punished by a fine of not more than one hundred
dollars for each offence. The department or its representa-
tive or any person aggrieved, any interested party or any
officer of any labor union or association, whether incor-
porated or otherwise, may file a written complaint with the
district court in the jurisdiction of which the violation
occurs. Approved March 12, 1952.
Chap. 15^ An Act further regulating deductions from the sal-
aries OF clerks of district courts on account of
absence from court.
Be it enacted, etc., as follows:
g. l. (Ter. SECTION 1. Sectiou 9 of chapter 218 of the General Laws,
^tll'amfAied'. as most recently amended by section 1 of chapter 604 of the
acts of 1951, is hereby further amended by inserting after
the word "court", the first time it appears in line 2, the
Acts, 1952. — Chaps. 157, 158. 93
words: — or of the Boston juvenile court, — so that the
first sentence will read as follows: — In case of the absence, Deductions
death or removal of a clerk of a district court or of the Boston o?derki*of^
juvenile court, the court may appoint a temporary clerk, to ^^^ll^
act until the clerk resumes his duties or until the vacancy regulated,
is filled.
Section 2. Section 11 of said chapter 218, as amended EdV"2i8'^'§ ii
by section 2 of said chapter 604, is hereby further amended etc., amended.'
by inserting after the word "Boston", in line 3, the words:
— , or of the Boston juvenile court, — so that the first
sentence will read as follows : — In case of the absence, Appointment
death or removal of a salaried assistant clerk of a district aMifSSr"^
court, other than the municipal court of the city of Boston, "lerk.
or of the Boston juvenile court, the clerk, subject to the
approval of the justice, may appoint a temporary assistant
clerk, to act until such assistant clerk resumes his duties or
until the vacancy is filled. Approved March 12, 1952.
An Act relative to membership in the contributory Chap. 157
RETIREMENT SYSTEM OF PERMANENT WATERSHED GUARDS
AND PERMANENT PARK POLICE.
Be it enacted, etc., as follows:
Group B of paragraph (g) of subdivision (2) of section 3 Ed^'aJ^s'a
of chapter 32 of the General Laws, as amended by chapter etc, 'amended.
728 of the acts of 1950, is hereby further amended by in-
serting after the word "police", in line 4, the words: — ,
permanent watershed guards and permanent park police.
Approved March 12, 1952.
An Act further regulating the time of meeting of Chap 158
THE BOARD OF STANDARDS IN THE DEPARTMENT OF PUBLIC
SAFETY.
Be it enacted, etc., as follows:
The third paragraph of section 3J of chapter 143 of the g. l. (Ter.
General Laws, as appearing in section 1 of chapter 631 of ft']', etc.',
the acts of 1947, is hereby amended by striking out, in amended.
line 2, the word "Monday" and inserting in place thereof
the word : — Tuesday, — so as to read as follows : —
The board of standards shall hold public hearings at Bos- Public
ton annually, on the first Tuesday in May and October, and at •^®^"°^-
such other times and places as it may determine, on petitions
for changes in such regulations formulated by it under this
section. If, after any such hearing, it shall deem it advisable
to make changes in said regulations, it shall appoint a day
for a further hearing, and shall give notice thereof and of the
changes proposed by advertising in at least one newspaper in
each of the cities of Boston, Worcester, Springfield, Fall
River, Lowell and Lynn, at least ten days before said hear-
ing. If the board on its own initiative contemplates changes
in said regulations, Uke notice and a hearing shall be given and
held before the adoption thereof. Approved March 12, 1952.
94 Acts, 1952. — Chap. 159.
Chap. 159 An Act redefining the period of the present emer-
gency IN THE SHORTAGE OF HOUSING AND THEREBY EX-
TENDING THE EXISTENCE OF THE EMERGENCY HOUSING
COMMISSION AND THE BROADER POWERS OF LOCAL BOARDS
OF APPEAL.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 592 of the acts of 1946,
as most recently amended by chapter 381 of the acts of
1951, is hereby further amended by striking out, in lines 3
and 4, the words "for a period of six years from the effective
date of this act" and inserting in place thereof the words: —
until December thirty-first, nineteen hundred and fifty-
five, — so as to read as follows : — Section 2. During the
period of the present emergency, which, unless changed by
the general court, shall be deemed to extend until December
thirty-first, nineteen hundred and fifty-five, a board of
appeals of a city or town referred to or appointed under
section thirty of chapter forty of the General Laws may
grant a variance with respect to a particular parcel of land
from the terms of an ordinance or by-law adopted under
section twenty-five of said chapter forty under the following
circumstances and conditions: (1) That the application re-
lates to the construction or alteration of a building designed
to contain when the work thereon is completed a dweUing
place or dwelHng places. (2) That if the variance relates to
the alteration of an existing building so that it may accom-
modate more families, the cubical content of the building
and its width, length and height shall not be substantially in-
creased, and its exterior shall be changed as little as possible.
(3) That the variance may be granted without substantial
detriment to the public good and without substantially
derogating from the intent and purpose of such ordinance
or by-law. (4) That the variance be granted without dis-
crimination among appUcants and as far as possible in
accordance with the principles set forth in the fourth para-
graph of section twenty-five of said chapter forty.
Section 2. Section 3 of said chapter 592, as most re-
cently amended by section 2 of chapter 567 of the acts of
1948, is hereby further amended by inserting after the word
"petition", in line 45, the words: — as they appear on the
most recent local tax Ust, — so that the sixth sentence will
read as follows : — The commission shall grant relief only
after a hearing, notice of which shall have been given by
mail, postage prepaid, to the appellant or petitioner, the
board of appeals and the owners of all property deemed by
the commission to be affected by such appeal or petition as
they appear on the most recent local tax list, and by pubU-
cation in a newspaper of general circulation in such city or
town. Approved March 12, 1952.
Acts, 1952. —Chaps. 160, 161. 95
An Act relative to the amount that may be invested C}iar> 160
BY A SAVINGS BANK IN BANKING PREMISES AND IN ALTER-
ATIONS IN AND ADDITIONS TO BANKING PREMISES OWNED
OR LEASED BY SUCH A BANK.
Whereas, The deferred operation of this act would tend p^ambie"^
to defeat its purpose, which is in part to make its provisions
relative to certain investments by savings banks effective
forthwith, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 54 of chapter 168 of the General Laws is hereby o. l. (Ter.
amended by striking out clause Eleventh, as amended by f 54,'e\^c^'
chapter 122 of the acts of 1946, and inserting in place thereof amended,
the following clause : —
Eleventh. Subject to the following provisions of this Certain in-
clause, any such corporation may invest in the purchase of b^8^^^n*(^
a suitable site and the erection or preparation of a suitable r^'^jjl'tg^
building for the convenient transaction of its business and
in alterations in and additions to a bank building owned by
it sums not exceeding, in the aggregate, its guaranty fund
and undivided earnings, or five per cent of its deposits, or
two hundred thousand dollars, whichever is the lesser. All
such investments, except an investment in such alterations
or additions involving an expense of twenty thousand dollars
or less made in any period of twenty-four consecutive months,
shall be made subject to the approval of the commissioner.
The amount hereinbefore authorized to be invested by such
a corporation in a bank building and alterations therein and
additions thereto shall from time to time be increased by all
sums realized by it from any sale or other disposal of such
a building or any part thereof and by sums charged off by
it for depreciation, obsolescence or amortization, to the
extent approved by the commissioner. Any such corporation
may, with the approval of the commissioner, expend sums
not exceeding, in the aggregate, one fifth of one per cent
of its deposits or seventy-five thousand dollars, whichever
is the lesser, for alterations in, or additions to, any premises
leased by it for the transaction of its business; provided,
that the amount so authorized to be expended shall from
time to time be increased by sums charged off by it for
depreciation, obsolescence or amortization, to the extent
approved by the commissioner. Approved March 14, 1952,
An Act pertaining to the payment of extra dividends C hap. IQl
BY SAVINGS BANKS AND ADDITIONS TO THE GUARANTY
FUND.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is in part to enable savings banks preamble,
to exercise without delay the authority granted thereby,
96
Acts, 1952. — Chaps. 162, 163.
G. L. (Ter.
Ed.). 168,
§ 50, etc.,
amended.
Payment
of extra
dividends by
savings banks,
authorized.
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section 50 of chapter 168 of the General Laws,
as most recently amended by section 19 of chapter 334 of
the acts of 1933, is hereby further amended by adding at
the end the following sentence : — Notwithstanding the pro-
visions of the preceding sentence, if the guaranty fund and
profit and loss account together amount to at least eleven
per cent of the whole amount of deposits after an ordinary
dividend has been declared, thereupon the trustees may
declare an extra dividend at the semi-annual rate of not less
than one eighth nor more than one half of one per cent.
Section 2. Chapter 769 of the acts of 1951 is hereby
amended by striking out, in lines 7 and 8, the words "during
the calendar year nineteen hundred and fifty-two" and in-
serting in place thereof the words: — until July first, nine-
teen hundred and fifty-three, — so as to read as follows : —
If, at the time provided by the by-laws for making ordinary
dividends, the guaranty fund and profit and loss accounts
together amount to at least eleven per cent of the whole
amount of deposits of a savings bank, the additions to the
guaranty fund required by section forty-five of chapter one
hundred and sixty-eight of the General Laws may be made
by transfers from the profit and loss account until July first,
nineteen hundred and fifty-three.
Approved March 14, 1952.
Chap. 162 An Act to permit credit unions to sell negotiable
CHECKS.
G. L. (Ter.
Ed.), 171, § 6,
amended.
Sale of certain
negotiable
checks by
credit unions,
authorized.
Be it enacted, etc., as follows:
Section 6 of chapter 171 of the General Laws, as appearing
in the Tercentenary Edition, is hereby amended by adding
at the end the following paragraph : —
It may under such rules and regulations as may be issued
by the commissioner, sell negotiable checks drawn by it and
payable by or through a trust company or a national banking
association, and sell register checks, travelers checks and
American Express Company money orders, and may cash
any check or money order whatsoever and may make charges
for any of the foregoing, subject to said rules and regulations.
Approved March 14, 1952.
Chap. 163 An Act further regulating real estate loans by
CREDIT unions.
G. L. (Ter.
Ed.). 171,
§ 24, etc.,
amended.
Be it enacted, etc., as follows:
Subdivision (B) of section 24 of chapter 171 of the General
Laws is hereby amended by striking out the second sentence,
as appearing in chapter 178 of the acts of 1947, and inserting
Acts, 1952. — Chaps. 164, 165. 97
in place thereof the following sentence: — No such mortgage Real estate
loan upon any one parcel of real estate shall exceed ten credit ''u^nions,
thousand dollars, and the total liability of any one member J^'"^^[ ^
as borrower upon loans so secured shall not exceed five per
cent of the assets of the credit union, or twenty thousand
dollars, whichever is the lesser. Approved March 14, 1952.
An Act authorizing the city of Worcester to borrow Qfidj) ]^g4
MONEY FOR SANITATION PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Worcester may from time to time,
borrow, within a period of five years from the passage of this
act, such sums as may be necessary, not exceeding, in the
aggregate, one million dollars for acquiring a site by purchase
or eminent domain and establishing and constructing there-
on a disposal plant or incinerator and equipping the same,
including survey, engineering and architectural costs and
grading and landscaping costs, and may issue bonds or
notes therefor, which shall bear on their face the words
Worcester Incinerator Loan, Act of 1952. Each authorized
issue shall constitute a separate loan and such loans shall be
paid in not more than twenty years from their dates. In-
debtedness incurred under this act shall be in excess of the
amount authorized by chapter two hundred and eleven of
the Special Acts of nineteen hundred and sixteen, as amended
by chapter one hundred and thirty-eight of the acts of
nineteen hundred and twenty, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
inclusive of the limitations contained in the first paragraph
of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved March 25, 1952.
An Act authorizing the county of Bristol to pay a
sum of money to alice w. dupuis of new bedford.
Be it enacted, etc., as follows:
Section L For the purpose of discharging a moral
obligation, the county of Bristol may pay to Alice W.
Dupuis of New Bedford the sum of fifty-one dollars to com-
pensate her for damages sustained by her on August fourth,
nineteen hundred and fifty-one in the course of her duties
as a policewoman in committing a female patient to the
Taunton state hospital.
Section 2. This act shall take effect upon its passage.
Approved March 25, 1952.
Chap.lQ5
98
Acts, 1952. — Chaps. 166, 167.
Emergency
preamble.
Chap.lQQ An Act authorizing the town of andover to pay a
SUM OF money to ALBERT COLE, JR.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obli-
gation, the town of Andover is hereby authorized to appropri-
ate the sum of two hundred and seven dollars and to pay the
same to Albert Cole, Jr., deputy chief of the fire department
of said to\\Ti, which sum of money is due him under the pro-
visions of section twenty-four of chapter seven hundred and
eight of the acts of nineteen hundred and forty-one, as most
recently amended by chapter two hundred and three of the
acts of nineteen hundred and forty-seven.
Section 2, This act shall take effect upon its passage.
Approved March 25, 1952.
Chap. 167 An Act limiting the eligibility of members of reserve
AND intermittent POLICE FORCES FOR APPOINTMENT TO
REGULAR POLICE FORCES.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to make its provisions effective
on June first in the current year, therefore it is hereby de-
clared to be an emergency law, necessary for the inomediate
preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Chapter 31 of the General Laws is hereby
amended by striking out section 20A, as most recently
amended by chapter 39 of the acts of 1941, and inserting in
place thereof the following section: — Section 20 A. In
each city and towm subject to section twenty in which there
has been established a reserve police force, appointments to
the regular force shall be made by the appointing authority
upon certification by the director from the list of members
of the reserve police force in accordance with the rules of the
commission, except that the basis of certification shall be
the order of appointment to the reserve force, or, if not
ascertainable, the order of the respective ratings of such
members obtained in the examination upon which the list
of eligibles for appointment to such reserve force was based,
and no request of a member of the reserve police force that
he be not certified in any instance shall be granted by the
director. No person who has passed his fiftieth birthday
shall be appointed from such a reserve force to such a regu-
lar force and no member of a reserve police force who, after
June first, nineteen hundred and fifty-two, having been
duly certified, three times refuses appointment to the regular
force shall be eligible for further certification. Notwith-
standing the provisions of sections forty-three and forty-five
or any other law, members of a reserve force refusing to
accept appointment to the regular force on the occasion of
three separate certifications after said June first shall there-
upon cease to be a member of the reserve police force. The
G. L. (Ter.
Ed.), 31.
§ 20A. etc.,
amended.
Appointment
of reserve
officers to
regular police
forces,
limited.
Acts, 1952. — Chap. 168. 99
appointing officer shall forward to the director a notification
of the termination of the service of such reserve officer
setting forth the occasion of each refusal and the date upon
which the services of such officer ceased.
Section 2. Said chapter 31 is hereby further amended Edo.'si!^''
by striking out section 20C, inserted by chapter 621 of the §206, etc..
acts of 1941, and inserting in place thereof the following ^™®° ^
section : — Section 20C. In each city and town having Appointment
police officers subject to this chapter and classified as inter- poiice^officere
mittent police officers, appointments to the regular force poHcrfw-ces.
shall be made by the appointing authority upon certification limited,
by the director from the list of members of the police force
of such city or town classified, in accordance with the rules of
the commission, as members of the special or substitute
police force of such city or town, except that the basis of
certification shall be the order of appointment as such inter-
mittent police officers, or, if not ascertainable, the order of
the respective ratings of such intermittent police officers
obtained in the examination upon which the list of eligibles
for appointment as such officers was based, and no request
of a member of the intermittent police force that he be not
certified in any instance shall be granted by the director.
No intermittent police officer who has passed his fiftieth
birthday shall be appointed under this section to the regular
police force of such city or town, and no such intermittent
police officer who, after June first, nineteen hundred and
fifty-two, having been duly certified, three times refuses
appointment to the regular force shall be eligible for further
certification. Notwithstanding the provisions of sections,
forty-three and forty-five or any other law, members of an
intermittent force refusing to accept appointment to the
regular force on the occasion of three separate certifications
after said June first shall thereupon cease to be a member of
the intermittent police force. The appointing officer shall
forward to the director a notification of termination of the
service of such intermittent officer setting forth the occasion
of each refusal and the date upon which the services of such
officer ceased.
Section 3. This act shall take effect on June first in the Effective date,
current year. Approved March 25, 1952.
An Act relative to classes of shares and accounts Qjidj) j^gg
IN co-operative banks.
Whereas, The deferred operation of this act would tend ^"^^^^iT^
to defeat its purpose, which is to make its provisions effec-
tive forthwith, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted, etc., as foUows:
Section 1. Section 1 of chapter 170 of the General Laws, g. l. (Ter.
as appearing in section 1 of chapter 371 of the acts of 1950, is ^tl! ameAJed.
hereby amended by striking out the paragraph defining
100 Acts, 1952. — Chap. 169.
"Share capital" or "share liability" and inserting in place
thereof the following paragraph: —
'•Share capi- "Share capital" or "share Hability", the total sum due
tal or snare . '^ . ti i i /• i
liability", at any given tune upon all shares and accounts referred to
* °® ■ in section thirteen, which shares and accounts shall be
deemed to be deposits.
Ed)''i7o'^§ 1 Section 1A. Said section 1 of said chapter 170, as so
etc!, 'amended', appearing, is hereby further amended by striking out the
paragraph defining "Shareholder" or "member" and in-
serting in place thereof the following paragraph: —
"Shareholder" "Shareholder" or "member", a depositor or holder of
or member , , , , ' . ^ . , .
defined. any sharcs or accounts referred to m section thirteen.
Ed )'■ iTO*^! 7 Section 2. Section 7 of said chapter 170, as so appearing,
etci.'ameAded'. is hereby amended by striking out the first paragraph and
brieemed inserting in place thereof the following paragraph : — Each
members, etc. pcrsou who is rccorded on the books of the corporation as
the holder of one or more shares or accounts referred to in
section thirteen, shall be deemed a member and shareholder
of and depositor in the corporation.
Ed )'■ iTo'^s 13 Section 3. Section 13 of said chapter 170, as so appear-
etc", 'amended. ' iug, is hereby amended by striking out the first sentence
and inserting in place thereof the following sentence: —
Capital. The capital shall be unlimited and shall be accumulated by
deposits on shares and other accounts permitted by law.
Approved March 25, 1952.
Chap. 169 An Act providing for tenure of office for the in-
cumbent OF THE OFFICE OF CHIEF OF POLICE OF THE
TOWN OF AMESBURY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provision of law to
the contrary, the tenure of office of Daniel Flynn, the present
incumbent of the office of chief of police of the towm of
Amesbury, shall be unlimited, subject, however, to the
civil service laws and rules, and subject, further, to said
incumbent passing a qualifying examination to which he
shall be subjected by the division of civil service.
Section 2. Anything contained herein and in the General
Laws to the contrary notwithstanding, the said present
incumbent of the office of chief of police of the town of
Amesbury shall continue in office until the annual town
meeting to be held in the year nineteen hundred and fifty-
three, unless removed sooner as provided by the civil service
law^s and rules.
Section 3. This act shall be submitted to the voters of
said town at the annual town meeting in the year nineteen
hundred and fifty-three in the form of the following question,
which shall be placed upon the official ballot to be used for
the election of town officers at said meeting: "Shall an act
passed by the General Court in the year nineteen hundred
and fifty-two entitled 'An Act providing for tenure of office
Acts, 1952. — Chaps. 170, 171, 172. 101
for the incumbent of the office of chief of pohce of the town
of Amesbury', be accepted?" If a majority of the votes
cast in answer to said question is in the affirmative, this
act shall take full effect, but not otherwise.
Approved March 25, 1952.
An Act relative to john greenleaf whittier highway. Chap. 170
Be it enacted, etc., as follows:
Chapter 470 of the acts of 1950 is hereby amended by
striking out, in lines 2 and 3, the words "and Amesbury"
and inserting in place thereof the words: — , Amesbury and
Salisbury, — so as to read as follows : — The state highway
from Newton road in the city of Haverhill and continuing
through the towns of Merrimac, Amesbury and Salisbury
to the New Hampshire state line shall be Icnown and desig-
nated as the John Greenleaf Whittier Highway, and suitable
markers bearing said designation shall be erected along said
highway by the state department of public works.
Approved March 25, 1952.
An Act further regulating the hunting of hares Chap. 171
AND RABBITS.
Be it enacted, etc., as follows:
Section 65 of chapter 131 of the General Laws, as appear- g.l. (Ter.
ing in section 2 of chapter 599 of the acts of 1941, is hereby fes.'eu-l'
amended by adding at the end the following sentence : — amended.
Notwithstanding the foregoing no person shall hunt or have Hunting of
in possession while hunting the carcass of a hare or rabbit faTed/*'^^
at any time during the open season for the hunting of deer
estabhshed under the provisions of section eighty.
Approved March 25, 1952.
An Act further restricting the use of ways in case Chap. 172
OF fire.
Be it enacted, etc., as follows:
Chapter 89 of the General Laws is hereby amended by ^j^-^J®""-
striking out section 7A, as appearing in the Tercentenary § 7a, amended.
Edition, and inserting in place thereof the following: —
Section 7 A. Upon the approach of any fire apparatus which Use of ways
is going to a fire or responding to an alarm, every person restrfc*te°d. '^'
driving a vehicle on a way shall immediately drive said
vehicle as far as possible toward the right-hand curb or
side of said way and shall keep the same at a standstill until
such fire apparatus has passed. No person shall drive a
vehicle over a hose of a fire department without the consent
of a member of such department. No person shall drive
a vehicle within three hundred feet of any fire apparatus
going to a fire or responding to an alarm, nor drive said
vehicle, or park or leave the same unattended, within eight
102
Acts, 1952. — Chaps. 173, 174.
Penalty.
hundred feet of a fire or within the fire Unes established by
the fire department, or upon or beside any traveled way,
whether public or private, leading to the scene of a fire, in
such a manner as to obstruct the approach to the fire of
any fire apparatus or any ambulance, safety or police vehicle,
or of any vehicle bearing an official fire or police department
designation. Violation of any provision of this section shall
be punished by a fine of not more than one hundred dollars.
Approved March 25, 1952.
Chap. 11^ An Act establishing the fee for the registration
OF motor trucks carrying permanently mounted
water well drilling equipment.
Be it enacted, etc., as follows:
Section 1. Section 33 of chapter 90 of the General Laws
is hereby amended by inserting after the paragraph num-
bered (6), as appearing in section 1 of chapter 699 of the
acts of 1951, the following paragraph: —
(7) For the registration of every motor truck carrying a
permanently mounted water well drilling machine, twelve
dollars.
Section 2. This act shall take efifect on January first,
nineteen hundred and fifty-three.
Approved March 25, 1952.
G. L. (Ter.
Ed.), 90,
§ 33, etc.,
amended.
Fee.
Effective
date.
Chap
G. L. (Ter.
Ed.). 201,
§ 48A, etc ,
amended.
Provision
for burial
expenses of
wards.
G. L. (Ter.
Ed.), 201,
§ 48A, etc..
.174 An Act increasing the amount which a conservator
OR guardian may deposit in the name of the judge
OF probate FOR PAYMENT OF OR TOWARDS THE FUNERAL
expenses OF HIS WARD.
Be it enacted, etc., as follows:
Section 1. Section 48A of chapter 201 of the General
Laws, as most recently amended by section 1 of chapter 66
of the acts of 1950, is hereby further amended by striking
out, in lines 9 and 13, the words "one hundred and fifty"
and inserting in place thereof, in each instance, the words : —
five hundred, — so that the first sentence will read as follows :
— Upon application therefor by a conservator or by a guard-
ian of an insane person or a spendthrift, whose ward is a
resident of the commonwealth, the probate court, after such
notice as it deems necessary, and a hearing, may authorize
such conservator or guardian to deposit for the purpose
hereinafter stated, in a savings bank, or in the savings de-
partment of a trust company, within the commonwealth, a
sum not exceeding five hundred dollars, or may authorize
said conservator or guardian to purchase a share account of
a federal savings and loan association or a savings and loan
association located within the commonwealth, in a sum not
exceeding five hundred dollars, to be expended solely for,
or towards the expense of, the burial of his ward.
Section 2. Said section 48A of said chapter 201 is hereby
Acts, 1952. —Chaps. 175, 176. 103
further amended by adding at the end the following sentence: further
— The provisions of chapter two hundred A shall not be ^"^n^'ation
applicable to funds deposited under this section.
Approved March 26, 1952.
An Act further regulating the issuance of licenses Qjid'r) 175
of engineers, firemen or operators of hoisting
machinery.
Be it enacted, etc., as follows:
Chapter 146 of the General Laws is hereby amended by g. l. (Ter.
striking out section 67, as most recently amended by chap- fe'y.'ittf,'
ter 393 of the acts of 1951, and inserting in place thereof amended,
the following section : — Section 67. A license shall con- issuance of
tinue in force for two years from the date of issue unless en^"neers! etc.,
suspended or revoked for incompetence or untrust worthiness regu'ated.
of the licensee, except that a special license shall not continue
in force after the holder thereof ceases to be employed in the
plant specified in the license. The fee for the renewal of a
license shall be four dollars. Licenses not renewed at ex-
piration date shall become void, and shall after one year be
reinstated only by re-examination of the licensee. A notice
of the date of expiration of a license shall, at least thirty days
prior to such date, be sent to the licensee. The inspector of
the division for the town where a licensee resides may issue
a renewal license. A person whose license is suspended or
revoked shall surrender his license to the chief or an inspector
of the division. If a new license of a different grade is issued,
the old license shall be destroyed by the examiner.
Approved March 25, 1952.
An Act relative to the appointment of a person to the Chav. 17 6
ADVISORY committee ON HOSPITALS UPON RECOMMENDA-
TION OF THE MASSACHUSETTS FEDERATION OF NURSING
HOMES.
Be it enacted, etc., as follows:
Section 72 A of chapter 1 1 1 of the General Laws, inserted §d \' n r
by section 1 of chapter 618 of the acts of 1948, is hereby § 72a, etc.,
amended by adding at the end of the first sentence the ^'"'''"^^^•
words : — and one of such positions shall at all times be
filled by a person appointed upon the recommendation of
the Massachusetts Federation of Nursing Homes, — so as
to read as follows: — Section 72 A. The department shall ofTdv^^y"*
appoint an advisory committee on hospitals, sanatoria, committee on
convalescent and nursing homes and boarding homes for re^lSated.^^""'
the aged to consist of representatives of the medical and
nursing professions, hospital administrators and hospital
trustees, who shall serve at the pleasure of the department,
and two of such positions shall at all times be filled by
persons appointed upon the recommendation of the Massa-
104 Acts, 1952. — Chaps. 177, 178.
chusetts Hospital Association, and one of such positions
shall at all times be filled by a person appointed upon the
recommendation of the Massachusetts Federation of Nursing
Homes. Said advisory committee shall also consist of ex-
officio members composed of the commissioner of public
welfare, the commissioner of mental health and the director
of the Massachusetts public building commission. Said
committee shall advise the department in any matter per-
taining to sections seventy-two, seventy-two A and seventy-
three. Members of said committee shall serve without com-
pensation, but shall receive the necessary traveling expenses
incurred by them in the performance of their duties. Said
committees shall meet not less than twice a year, and other
meetings may be called by the department on proper notice.
Approved March 25, 1952.
Chap. \77 An Act authorizing the city of lowell to sell certain
LAND.
Be it enacted, etc., as follouis:
Section 1. Any general or special law to the contrary,
the city of Lowell, acting through its city council, with the
approval of its city manager, is hereby authorized and em-
powered to sell, transfer and convej'' to a private individual
or individuals, or to a private corporation, or at public
auction, for such consideration as to the said city council
and city manager seems advisable, certain parcels of land
in said city of Lowell known as Lots 89, 91, 92 and 92 A on
a plan of land recorded in the Registry of Deeds for the
Northern District of Middlesex County, Plan Book 62,
Plan 76, conveyed to the said city of Lowell by the Lowell
Land Company by deed dated December 29, 1939 and
recorded in said Registry in Book 940, page 14, free of all
conditions contained in said deed.
Section 2. This act shall take effect upon its acceptance
by vote of the city council of the city of Lowell, but not
otherwise. Approved March 25, 1952.
Chap. 17S An Act restoring the civil service eligibility of
FRANK H. HARRINGTON AS FOOD INSPECTOR IN THE DIVISION
OF LAW ENFORCEMENT OF THE DEPARTMENT OF CON-
SERVATION.
Be it enacted, etc., as follows:
Frank H. Harrington, who was number one on the eligible
list for food inspector in the division of law enforcement
of the department of conservation, when it expired on
October tenth, nineteen hundred and fifty-one, shall, on
request of the commissioner of conservation made within
six months from the effective date of this act, be certified for
said position as though the list were still in existence.
Approved March 25, 1952.
Acts, 1952. — Chaps. 179, 180, 181. 105
An Act increasing the charge for mailing copies of Qfidj^ 179
THE bulletins OF COMMITTEE HEARINGS OF THE GENERAL ^'
COURT.
Be it enacted, etc., as follows:
Section 12 of chapter 5 of the General Laws, as amended Ed^^^5'"i2
by chapter 1 of the acts of 1948, is hereby further amended etc!, 'amended.
by striking out, in Une 8, the word "three" and inserting in
place thereof the word : — ten, — so as to read as follows : —
Section 12. The committees on rules of the two branches, Bulletins of
acting concurrently, shall publish during each regular ses- he^i^gs^of
sion of the general court bulletins of committee hearings, and general court.
shall appoint the editor thereof and fix his compensation.
The chairman of either of said committees shall approve
bills for editing and printing said bulletins before they are
sent to the comptroller for allowance. On receipt of ten
dollars from each applicant therefor the sergeant-at-arms
shall mail to him copies of these bulletins.
Approved March 25, 1952.
Chap. 180
Chap.181
An Act authorizing the city of brockton to pay an
annuity to the widow of george e. wilber.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting the public
good, the city of Brockton is hereby authorized to appropriate
and pay to the widow of George E. Wilber, former member
of the poHce department of said city, an annuity of one
thousand dollars as long as she remains unmarried.
Section 2. This act shall take effect upon its acceptance
by the mayor and the city council of the city of Brockton.
Approved March 25, 1952.
An ACT RELATIVE TO EXAMINATIONS BY A MEDICAL PANEL
IN CASES OF ORDINARY DISABILITY RETIREMENT.
Be it enacted, etc., as follows:
Subdivision (3) of section 6 of chapter 32 of the General g l. (Xer.
Laws is hereby amended by striking out paragraph (c), as eteil'amended.
appearing in section 1 of chapter 658 of the acts of 1945, and
inserting in place thereof the following paragraph : —
(c) The physicians composing any medical panel shall Examinations
conduct their examination of the member as a panel and pLTis. "''^
may obtain X-ray plates if in their judgment such action regulated.
is necessary to determine the cause, nature and degree of
disabihty of such member. They shall report their findings
and recommendations to the board as soon as practicable
after completing the examination of such member, and
shall attach to their findings a certificate that the examina-
tion was conducted by all the members of the medical panel
at the same time and in the presence of each other and that
the findings were arrived at independently of each other.
106 Acts, 1952. — Chaps. 182, 183, 184.
All fees of physicians for service on any medical panel and
all expenses of obtaining X-ray plates in connection with
any such examination shall, upon approval by the board, be
paid from the expense fund of the system; provided, that
no such fees shall be paid unless the certificate provided
herein has been filed. Approved March 25, 1952.
Chap.182 An Act providing that permits for the taking of shell-
fish IN THE CITY OF NEW BEDFORD FOR COMMERCIAL
PURPOSES MAY BE ISSUED TO ALIENS.
Be it enacted, etc., as follows:
Ed^' iJo^"^" Section 55 of chapter 130 of the General Laws, as amended
§ 5o.' etc.." by chapter 281 of the acts of 1951, is hereby further amended
amended. ^^ striking out, in hne 3, the words "for the taking of qua-
riiensfor" haugs", — SO as to read as follows: — Section 55. No
taking of permit for the taking of shellfish for commercial purposes,
SS' except in the city of New Bedford, shall be issued by the
aldermen or councilmen of any city or the selectmen of any
town to an aUen unless he has resided in such city or town
for at least five years next preceding the date of his applica-
tion therefor, or has been a resident of the county in which
such city or town Ues for at least five years next preceding
the date of such application and has taken shellfish com-
mercially therefrom for such period.
Approved March 25, 1952.
Chap. 183 An Act authorizing the city of boston to use a portion
OF boston common for the purpose of widening
beacon street in said city.
Be it enacted, etc., as follows:
Section 1. For the purpose of widening Beacon street
in the city of Boston, from Charles street to Park street,
said city is hereby authorized to use such part or parts of
that portion of Boston Common lying between the southerly
curb fine of said Beacon street and a hne parallel thereto and
six feet southerly therefrom as the board of park commis-
sioners of said city, with the approval of the mayor, may
set aside.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Boston,
subject to the provisions of its charter, but not otherwise.
Approved March 25, 1952.
Chap. ISA An Act providing for the printing or typing of the
names of persons whose signatures appear on certain
instruments filed in the probate court.
Be it enacted, etc., as follows:
G-jL.(Ter. SECTION 1. Chapter 222 of the General Laws is hereby
new '§ 8a'. amended by inserting after section 8 the following section : —
iSn of Section 8 A. A justice of the peace, notary pubhc or other
Acts, 1952, — Chap. 185. 107
person duly authorized, when taking an acknowledgment or pames on
administering an oath with relation to an instrument filed in Sed T^"*^
a proceeding in the probate court shall print or type his probate court.
name directly below his signature thereon. Failure to
comply with this section shall not affect the validity of any
instrument or the record thereof.
Section 2. Section 42 of chapter 215 of the General Ed)'' 215"^'
Laws, as appearing in the Tercentenary Edition, is hereby § 42.' amended.
amended by adding at the end the following sentence: — same subject.
Any person entering an appearance as herein provided, or in
his own behalf, shall print or type his name directly below
his signature thereon, but failure to do so shall not affect
the validity thereof.
Section 3. Chapter 217 of the General Laws is hereby g. l. (Ter.
amended by inserting after section 15 the following section: — ne^w'§^i5A.
Section 15 A. The register or assistant register may print or ^^<^^<^-
type the name of any person whose signature appears on any pro*bat"may
instrument filed in the registry of probate and is not clearly p""* °^ *yp«
legible, such name to be printed or t3rped directly below
such signature.
Section 4. This act shall take effect on October first, Effective date.
nineteen hundred and fifty-three.
Approved March 25, 1952.
An Act to make contributory retirement pensions ni^f.^^ ice
AVAILABLE TO EMPLOYEES OF PUBLIC MUSEUMS. U Ala/?. ISO
Be it enacted, etc., as follows:
The paragraph defining "Employee" in section 1 of g. l. (Ter.
chapter 32 of the General Laws, as most recently amended ^tl! 'amended.
by section 1 of chapter 543 of the acts of 1951, is hereby
further amended by inserting after the word "library", in
line 8, the worls: — or any public museum, — so that the
first sentence will read as follows: — "Employee", as appHed ^tbeTO^en^t"^"^^
to persons whose regular compensation, except in the case of pensions made
any register of probate, is paid by any political subdivision employes* of
of the commonwealth, except the metropolitan district com- ^^^^^
mission, shall mean any person who is regularly employed in
the service of any such political subdivision, including mem-
bers of the police and fire departments, teachers and em-
ployees of any free public library or any public museum
maintained in any city or town, to the support of which said
city or town contributes not less than one half of the cost,
employees of a school lunch program as authorized under
the provisions of chapter five hundred and forty-eight of
the acts of nineteen hundred and forty-eight, and also in-
cluding officials and pubUc officers so paid whether employed,
appointed or elected by popular vote for stated terms or
otherwise, except members of the judiciary.
Approved March 25, 1952.
museums.
108
Acts, 1952. — Chaps. 186, 187, 188.
G. L. (Ter.
Ed.), 168,
§ 54, etc.,
amended.
Money
deposits by
savings banks
in certain
New York
banks, au-
thorized.
Chap. 18Q An Act authorizing savings banks to deposit money
IN CERTAIN BANKS AND TRUST COMPANIES DOING BUSINESS
IN THE CITY OF NEW YORK.
Be it enacted, etc., as follows:
Clause Seventh of section 54 of chapter 168 of the General
Laws, as most recently amended by chapter 367 of the acts
of 1950, is hereby further amended by striking out the last
paragraph and inserting in place thereof the following
paragraph : —
A savings bank may deposit not more than five per cent
of its deposits in any national banking association doing
business within this commonwealth, or in any trust company
incorporated under the laws of and doing business within
this commonwealth, or not more than one quarter of one
per cent of its deposits in any national banking association
doing business in the city of New York, in the state of New
York, and in any trust company incorporated under the
laws of the state of New York and doing business within the
city of New York when the deposits in such institutions are
insured by the Federal Deposit Insurance Corporation, or
in the Federal Home Loan Bank of Boston, if it is a member
thereof, or in any banking company incorporated under
the laws of and doing business within this commonwealth
and qualified to receive demand deposits under the provisions
of section six A of chapter one hundred and seventy-two A;
but such deposits shall not exceed twenty-five per cent of
the capital stock and surplus fund of such association, trust
company, home loan bank or banking company.
Approved March 25, 1952.
Chap. 187 An Act relative to the renewal of licenses and permits
IN the city of north ADAMS.
Be it enacted, etc., as folloivs:
Section 1. The city council of the city of North Adams
may delegate to the city clerk of said city, subject to such
restrictions as it may impose, the powers vested by law in
said council to renew hcenses and permits.
Section 2. This act shall take effect upon its passage.
Approved March 27, 1952.
Chap.lSS
Emergency
preamble.
An Act reviving kean-bedell inc.
Whereas, The deferred operation of this act would delay
the corporation revived thereby in resuming the exercise of
its former corporate powers, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Kean-Bedell Inc., a corporation dissolved on October
thirteenth, nineteen hundred and forty-three by the supreme
judicial court for Suffolk county, is hereby revived and con-
Acts, 1952. — Chaps. 189, 190. 109
tinued for a period of one year from the effective date of this
act for the sole purpose of selhng and conveying title to
certain real property situated in the city of Woburn, and of
distributing the proceeds of such sale among those entitled
thereto. Approved March 27, 1952.
An Act exempting the town of gosnold from assessment QfiQj) 139
OF CERTAIN COUNTY TAXES.
Be it enacted, etc., as follows:
Section 1. In apportioning the taxes upon the several
towns in the county of Dukes county the town of Gosnold
shall not be assessed for any part of the appropriations for
highways, bridges and land damages and for the maintenance
and operation of the airport for the year nineteen hundred
and fifty-two.
Section 2. This act shall take effect as of January first
in the current year. Approved March 27, 1952.
An Act relative to the filling of vacancies in the
city council and school committee of the city of
BOSTON.
Be it enacted, etc., as follows:
Section 1. Chapter 452 of the acts of 1948 is hereby
amended by striking out section 15, as appearing in section 1
of chapter 376 of the acts of 1951, and inserting in place
thereof the following section: — Section 15. If at any time
a vacancy occurs in the city council from any cause, the city
clerk shall forthwith notify the city council thereof; and
within fifteen days after such notification, the remaining city
councillors shall choose, as city councillor for the unexpired
term, whichever of the defeated candidates for the office of
city councillor at the regular municipal election at which city
councillors were elected for the term in which the vacancy
occurs, who are eligible and willing to serve, received the
highest number of votes at such election, or, if there is no
such defeated candidate eUgible and willing to serve, a regis-
tered voter of the city duly qualified to vote for a candidate
for the office of city councillor. If at a regular municipal elec-
tion there is a failure to elect a city councillor or if a person
elected city councillor at such an election resigns or dies be-
fore taking office, the city clerk shall, as soon as conveniently
may be after the remaining city councillors-elect take office,
notify the city council of such failure to elect, resignation or
death; and within fifteen days after such notification, the
members thereof shall choose, as city councillor for the un-
expired term, whichever of the defeated candidates for the
office of city councillor at such election, who are eligible and
willing to serve, received the highest number of votes at such
election, or, if there is no such defeated candidate eligible and
Chap.190
no Acts, 1952. — Chap. 191.
willing to serve, a registered voter of the city duly qualified
to vote for a candidate for the office of city councillor. If in
any of the aforesaid events a choice is not made as herein-
before provided within fifteen days after the notification of
the city council by the city clerk, the choice shall be made by
the mayor, or, if there is no mayor, by the city councillor
senior in length of service, or, if there be more than one such,
by the city councillor senior both in age and length of service.
For the purposes of section seventeen D, votes of the city
council under this section shall be deemed to be votes elect-
ing officials.
Section 2. Said chapter 452 is hereby further amended
by striking out section 19, as so appearing, and inserting in
place thereof the following section: — Section 19. If at any
time a vacancy occurs in the school committee from any
cause, the mayor, the president of the city council and the
remaining school committeemen, meeting in joint conven-
tion, shall, within fifteen days after the vacancy arises, choose,
as school committeeman for the unexpired term, whichever
of the defeated candidates for the office of school committee-
man at the regular municipal election at which school com-
mitteemen were elected for the term in which the vacancy
occurs, who are ehgible and willing to serve, received the
highest number of votes at such election, or, if there is no
such defeated candidate eligible and wilUng to serve, a regis-
tered voter of the city duly quaUfied to vote for a candidate
for the office of school committeeman. If at a regular mu-
nicipal election there is a failure to elect a school committee-
man or if a person elected school committeeman at such an
election resigns or dies before taking office, within fifteen
days after the remaining school committeemen-elect take
office, such school committeemen and the then mayor and
the then president of the city council shall meet in joint
convention and choose, as school committeeman for the un-
expired term, whichever of the defeated candidates for the
office of school committeeman at such election, who are
eligible and wilUng to serve, received the highest number of
votes at such election, or, if there is no such defeated candi-
date eUgible and wiUing to serve, a registered voter of the
city duly qualified to vote for a candidate for the office of
school committeeman.
Section 3. This act shall take effect upon its passage.
Approved March 27, 1952.
Chap.191 An Act confirming and validating the acceptance by
THE TOWN OF BRAINTREE OF CERTAIN PROVISIONS OF LAW
RELATIVE TO THE RETIREMENT OF CERTAIN WAR VETERANS
IN THE PUBLIC SERVICE.
Be it enacted, etc., as follows:
Section 1. The action of the selectmen of the town of
Braintree in December, nineteen hundred and forty-five, in
accepting sections fifty-six to fifty-nine, inclusive, of chapter
Acts, 1952. — Chaps. 192, 193. Ill
thirty-two of the General Laws, is hereby confirmed and
made valid in so far as said action may be invalid by reason
of the failure of said selectmen to enter the fact of such ac-
ceptance in their records, and by reason of the failure of the
town to comply with the provisions of section five of chapter
four of the General Laws, and said sections are hereby made
effective in said town.
Section 2. This act shall take effect upon its passage.
Approved March 27, 1952.
An Act providing penalty for failure of natural gas Chap. 1^2
PIPE LINE companies TO RESTORE PROPERTIES TO REASON-
ABLE CONDITION.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which in part provides for the early p""^*""^'^
restoration of the surface of certain land where pipes, struc-
tures and equipment have been placed for the use of natural
gas, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Chapter 164 of the General Laws is hereby amended by g.l. (Ter.
inserting after section 75E, inserted by section 1 of chapter new § 75f,
574 of the acts of 1951, the following section: — Section 75F. ^'^'^^'^■
Any natural gas pipe line company which lays pipes or other Natural ga.*
underground equipment or structures, or repairs or alters companies
the same, on any land on which it does not have a fee or H'^^lf'^^^-
a binding agreement with the landowner, shall within sixty tain prop-
days after laying such pipes, equipment or structures, or ^^^^^^' ^*^'
making such repairs or alterations, restore the ground surface
to a condition reasonably consistent with its condition before
construction, repair or alteration, and any failure to comply
with the provisions hereof shall be punishable by a fine of
not more than one hundred dollars for each day of failure
to so comply. Approved March 27, 1952.
An Act regulating the giving of notice of parking ChaV-^^^
VIOLATIONS INVOLVING VEHICLES REGISTERED UNDER THE
LAWS OF ANOTHER STATE OR COUNTRY.
Be it enacted, etc., as follows:
Section 1. Section 20A of chapter 90 of the General EdV'go^^"^'
Laws is hereby amended by striking out the first sentence, i'soA etc.,
as appearing in chapter 201 of the acts of 1938, and inserting '*ni«°^«'*-
in place thereof the following sentence: — It shall be the Notice of
duty of any police oflSlcer who takes cognizance of a violation Pf^j^^^^^a
of any provision of any rule, regulation, order, ordinance or
by-law regulating the parking of motor vehicles established
by any city or town or by any commission or body em-
powered by law to make such rules or regulations therein,
112 Acts, 1952. — Chap. 194.
forthwith to give to the offender a notice to appear before
the clerk of the district court having jurisdiction, at any
time during office hours, in the case of a violation involving
a motor vehicle registered under the laws of this common-
wealth, not later than ten days after the time of said viola-
tion, and in the case of a motor vehicle registered under the
, laws of another state or country, not later than thirty days
after such time.
Edt'go*"^' Section 2. Said section 20 A of said chapter 90 is hereby
§ 2bA. etc., further amended by striking out the fifth sentence, as so
Imlnded. appearing, and inserting in place thereof the following sen-
Same subject, tencc ." — Whenever it is not possible to deliver a copy of
said notice to the offender at the time and place of the viola-
tion, said copy shall be sent by the officer, or by his command-
ing officer or any person authorized by said commanding
officer, in the case of a violation involving a motor vehicle
registered under the laws of this commonwealth, within three
days of the offence, and in the case of any motor vehicle
registered under the laws of another state or country, within
ten days thereof, exclusive, in either case, of Sundays and
holidays, to the address of the registrant of the motor vehicle
involved, as appearing, in the case of a motor vehicle regis-
tered under the laws of this commonwealth, in the records
of the registry of motor vehicles or, in the case of a motor
vehicle registered under the laws of another state or country,
in the records of the official in such state or country having
charge of the registration of such motor vehicle.
Approved March 27, 1952.
Chap. 1^4: An Act increasing the amount that savings banks
MAY invest in CERTAIN REAL ESTATE MORTGAGES IN-
SURED BY THE FEDERAL HOUSING ADMINISTRATOR.
Be it enacted, etc., as follows:
Ed^' 168 "^^ Section 54 A of chapter 168 of the General Laws, inserted
§ 5'4A, etc., by chapter 374 of the acts of 1949, is hereby amended by
amended. striking out, iu line 8, the word "ten" and inserting in place
thereof the word: — fifteen, — so as to read as follows: —
t^^^X,,r.v. Section 5AA. In addition to the provisions contained in sec-
may invest tion fifty-onc of Chapter one hundred and sixty-seven, and
reafesfate in addition to the limitation concerning mortgage loans
iiScrefsId^' secured by real estate located in states contiguous to the
commonwealth as contained in Clause First of section fifty-
four, and subject to regulations made by the commissioner
of banks, a savings bank may invest not more than fifteen
per cent of its deposits or fifty per cent of the aggregate book
value of real estate loans outstanding at the date of such in-
vestment granted on properties located within the common-
wealth whichever is the lesser, and without restriction as to
the locations of properties securing loans, in mortgage loans
of which the notes have been endorsed for insurance by the
federal housing administrator, or combined with secondary
Acts, 1952. — Chap. 195. 113
mortgages guaranteed in full by the United States of America
through the Servicemen's Readjustment Act of 1944, as
amended. Nothing herein contained shall be construed as
permitting a savings bank to invest more than seventy per
cent of the whole amount of deposits in first mortgages of
real estate. Approved March 27, 1952.
An Act providing for the establishment of a right of phn^ 105
WAY FOR PUBLIC ACCESS TO FORT POND IN THE TOWN OF ^'
LITTLETON.
Be it enacted, etc., asfolloivs:
Section 1. The county commissioners of Middlesex
county are hereby authorized and directed to lay out in the
town of Littleton a right of way for pubUc access to Fort
pond, in accordance with plans to be approved by the de-
partment of public works and showing the location and
dimensions of such right of way. If it is necessary to ac-
quire land for the purpose of laying out such right of way said
county commissioners shall at the time such right of way is
laid out take such land by eminent domain under chapter
seventy-nine of the General Laws. Any person sustaining
damages in his property by the laying out of such right of
way, or by specific repairs or improvements thereon, shall
be entitled to recover the same under said chapter seventy-
nine; provided, that the right to recover damages, if any,
by reason of the laying out of such right of way, shall vest
upon the recording of the order of taking by said county com-
missioners and that no entry or possession for the purpose of
constructing a pubhc way on land so taken shall be required
for the purpose of validating such taking or for the payment
of damages by reason thereof.
Section 2. The selectmen of the town of Littleton from
time to time may make specific repairs on or improve such
right of way to such extent as they may deem necessary, but
neither the county of Middlesex, nor any city or town therein,
shall be required to keep such right of way in repair, nor
shall they be liable for injury sustained by persons traveUing
thereon; provided, that sufficient notice to warn the pubhc
is posted where such way enters upon or unites with an exist-
ing pubhc way.
Section 3. All expenses incurred by said county commis-
sioners in connection with such right of way shall be borne
by the county of Middlesex, or by such cities and towns
therein, and in such proportions, as said county commis-
sioners may determine.
Section 4. Said right of way shall not be discontinued
or abandoned without authority therefor from the general
court.
Section 5. Nothing in this act shall be construed to
hmit the powers of the department of pubhc health, or of
any local board of health, under any general or special law.
Approved March 27, 1952.
114 Acts, 1952. — Chaps. 196, 197, 198.
Chap.WQ A.N Act authorizing the chairman of the board of real
ESTATE COMMISSIONERS OF THE CITY OF BOSTON TO CON-
TRACT ON BEHALF OF SAID CITY FOR CERTAIN TYPES OF
INSURANCE.
Be it enacted, etc., as follows:
Chapter 434 of the acts of 1943 is hereby amended by
inserting after section 2A, inserted by chapter 159 of the
acts of 1951, the following section: — Section 2B. The
chairman, subject to appropriation and the approval of the
board, may contract with a company or companies author-
ized to do such business in the commonwealth for the issu-
ance of a policy or policies insuring the city against (a) legal
liability for loss or damage on account of personal injury or
death or property damage caused by accident on or about
any real estate referred to in section two, or transferred
under section two A, which has or shall have been let or
leased; (6) loss or damage to any such real estate, and legal
hability for loss or damage on account of personal injury or
death or property damage, caused by the breakage, explosion
or rupture of, or any accidental injury to, steam boilers and
pipes and containers connected therewith, any lighting,
heating or cooking apparatus or their connections, fly\vheels,
power wheels, and engines or other apparatus for applying
or transmitting motive or electrical power, tanks or other
receptacles under pressure, or their connections, or machinery
of any kind on any such real estate ; and (c) loss of or damage
to glass on any such real estate, including lettering and orna-
mentation thereon, and loss or damage caused by the break-
age of such glass. Approved March 27, 1952,
Chap. 197 An Act relative to the number of licenses to be
GRANTED IN ANY CITY OR TOWN FOR THE SALE OF ALCO-
HOLIC beverages.
Be it enacted, etc., as follows:
Kdn', ili! Section 1. Section 17 of chapter 138 of the General Laws,
§ lY, etc' as amended, is hereby further amended by adding at the
amended. ^^^ thcreof the f ollowing paragraph : —
Determination lu determining the population of any city or town for the
Tocaruquor"^ purposes of this section, no account shall be taken by the
licenses local Hceusing authority of the number of patients confined
in any mental institution located within such city or town.
Section 2. This act shall not affect present licensees.
Approved March 27, 1952.
Chap. 198 An Act repealing certain provisions of law relating
to the election of trustees of the BEDFORD FREE
library corporation and other matters.
Be it enacted, etc., as follows:
Section 1. Chapter fifty-one of the acts of nineteen hun-
dred and fifty-one, relating to the election of trustees of the
Acts, 1952. — Chap. 199. 115
Bedford Free Public Library Corporation and other matters,
is hereby repealed.
Section 2. The inhabitants of the town of Bedford are
authorized to elect six members of the board of trustees of
the Bedford Free Public Library in such manner that one
third thereof shall be elected for one year, one third for two
years, one third for three years and thereafter one third
shall be elected annually for a term of three years; and said
members, together with the senior clergyman for the time
being of each of the Congregational, Unitarian and Catholic
churches in said town shall constitute the board of trustees
of the Bedford Free PubUc Library with all the powers
appertaining thereto or to the trustees of a free public U-
brary. The election of any trustee of the free pubhc library
at any town meeting held before the effective date of this act
is hereby ratified and confirmed as the election of said
trustee as a trustee of the Bedford Free Public Library. The
board of trustees of the Bedford Free PubHc Library'- is au-
thorized to fill vacancies among the elected members of the
board until the next ensuing annual town meeting. The
board shall, from its own number, annually choose a chairman
and a secretary. The town treasurer shall act as treasurer
of the Bedford Free PubUc Library.
Section 3. The duly elected trustees of the Bedford Free
Public Library shall annually elect from among their num-
ber three members to serve as trustees of the Bedford Free
Public Library Corporation and fill vacancies as such trustee
of said Bedford Free Public Library Corporation, who in
turn shall annually elect from their own number a president
and secretary. The trustees of said corporation shall have
full power to administer funds and have custody of all per-
sonal property bequeathed or donated to it as such. The
town treasurer shall act as treasurer of the said corporation,
without additional bond.
Section 4. Any public building owned by said town may
by vote of the town be turned over to the trustees of the
Bedford Free Public Library as so constituted in section
two, to be used as a free pubUc library.
Section 5. Said library shall be conducted in accordance
with the appUcable and pertinent provisions of chapter
seventy-eight of the General Laws.
Section 6. This act shall take effect on the date of the
annual town meeting of nineteen hundred and fifty-three of
the town of Bedford. Approved March 27, 1952.
An Act relative to the vote required for removal C/iai0.199
OF THE TOWN MANAGER IN THE TOWN OF SAUGUS.
Be it enacted, etc., as follows:
Section 1. Section 11 of chapter 17 of the acts of 1947
is hereby amended by striking out, in line 2 and line 15, the
words "four fifths" and inserting in place thereof, in each
116 Acts, 1952. — Chap. 200.
instance, the word: — majority, — so as to read as fol-
lows: — Section 11. Removal of Manager. — The selectmen,
by a majority vote of the full membership of the board, may
remove the to\vn manager. At least thirty days before such
proposed removal shall become effective, the selectmen shall
file a preliminary written resolution with the town clerk
setting forth in detail the specific reasons for his proposed
removal, a copy of which resolution shall be delivered to the
town manager. The manager may reply in wi-iting to the
resolution and may request a public hearing. If the manager
so requests, the board of selectmen shall hold a public hearing
not earlier than twenty days nor later than thirty days after
the filing of such request. After such public hearing, if any,
otherwise at the expiration of thirty days following the filing
of the preliminary resolution, and after full consideration,
the selectmen by a majority vote of the full membership of
the board may adopt a final resolution of removal. In the
preliminary resolution, the selectmen may suspend the mana-
ger from duty, but shall in any case cause to be paid to him
forthwith any unpaid balance of his salary and his salary
for the next three calendar months following the filing of
the preliminary resolution.
Section 2. This act shall be submitted to the voters of
the town of Saugus at the town election in the year nineteen
hundred and fifty-three in the form of the following question,
which shall be placed upon the ofl3.cial ballot to be used for
the election of town officers at said election: — "Shall an
act passed by the General Court in the year nineteen hundred
and fifty-two providing that the town manager of this
town may be removed by a majority vote of the full member-
ship of the board of selectmen instead of by a four fifths vote
thereof, be accepted?" If a majority of the votes in answer
to said question is in the affirmative, this act shall thereupon
take full effect, but not otherwise.
Approved March 21, 1952.
Chap. 200 An Act relative to the retention of certain contribu-
tions FROM THE SALARIES OF MEMBERS OF THE TEACHERS'
RETIREMENT FUND IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Chapter 237 of the acts of 1900 is hereby
amended by striking out section 5, as amended by section 1
of chapter 140 of the acts of 1920, and inserting in place
thereof the following : — Section 5. The city treasurer of
the city of Boston shall retain from the salary of every
teacher coming under the provisions of this act who is paid
in twelve monthly pajonents the sum of one and one half
dollars a month, and from the salary of every such teacher
who is not so paid the sum of eighteen dollars a year in such
instalments as the board of trustees shall approve. All sums
retained by the city treasurer under this section shall be
Acts, 1952. — Chaps. 201, 202. 117
paid by him into the general fund established by section
one of this act.
Section 2. This act shall take effect on September first
in the current year. Approved March 27, 1952.
An Act relative to the inspection, stamping and brand- Qjidj) 201
ING OF carcasses OF CERTAIN ANIMALS SLAUGHTERED
WITHOUT THE COMMONWEALTH.
Be it enacted, etc., as follows:
The first paragraph of section 131 of chapter 94 of the g. l. (Xer.
General Laws is hereby amended by striking out, in line 13, ^'[■^•^ ^^^^
as appearing in section 6 of chapter 334 of the acts of 1949, amended. "
the word "and" and inserting in place thereof the word: —
or, — so as to read as follows : — Carcasses of neat cattle, inspection,
horses, mules, sheep or swine slaughtered without the com- ^^rc'asses
monwealth shall be deemed unfit for food, and shall not be of certain
sold or offered for sale unless they have been inspected at rrgSated.
the time of slaughter by an inspector of the Bureau of Animal
Industry of the United States Department of Agriculture
and have been stamped or branded by said inspector; or, in
the case of carcasses slaughtered outside the United States,
unless they have been inspected at the time of slaughter in
a manner and under certification acceptable to the Bureau
of Animal Industry of the United States Department of
Agriculture and have subsequently been examined or stamped
or branded by said Bureau of Animal Industry.
Approved March 27, 1952.
An Act authorizing fraternal benefit societies under Qhnj) 202
CERTAIN qualifications TO TRANSFER FUNDS FOR EX- ^'
pense purposes.
Be it enacted, etc., as follows:
Section 14 of chapter 176 of the General Laws is hereby g. l. (Xer.
amended by adding at the end of the first sentence, as ap- fu^.'etl^,'
pearing in section 5 of chapter 346 of the acts of 1945, the amended.
following: — ; provided, however, that any society having Transferor
admitted assets as shown by its annual statement filed with by'^frLlema^^
the commissioner, in excess of one hundred and five per cent ^l^^^l^^
of its entire liabilities, including its required reserves, pro- luThorlz'ed.
vided such reserves are at least equivalent to the amount
required by the American Experience Table of Mortality
with interest at three per cent per annum, may transfer or
allocate such excess mortuary funds to the expense fund of
the society, in accordance with its constitution and by-laws;
but the amount so transferred in any calendar year shall
not exceed whichever is the smaller of (a) seventy-five per
cent of the savings in mortality of said society during the
preceding calendar year or (6) ten per cent of the net mortu-
ary assessments received by the said society in the preceding
118 Acts, 1952. —Chaps. 203, 204.
calendar year; and provided, further, that no sum shall be
transferred as aforesaid which reduces the actuarial solvency
of said society below the aforesaid basis; and provided, fur-
ther, that any sum thus transferred shall not exceed the in-
curred insurance expenses hereinafter specified during the
said calendar year, and said sum shall be expended solely for
the following insurance expenses of the society: —
(a) Actuarial services.
(b) Cost of preparing and mailing dividends.
(c) Billing department costs.
(d) Machine equipment.
(e) Maintaining automatic loan records.
(/) Certificates.
(g) Actuarial records.
Approved March £7, 1962.
C hap, 20Z An Act regulating the amount payable by a licensee
HOLDING A BOXING OR SPARRING MATCH.
Be it enacted, etc., as follows:
Edo'iIyT' Section 40 of chapter 147 of the General Laws, as appear-
§ 40.' amended, ing in the Tercentenary Edition, is hereby amended by in-
serting after the word "fees", in line 4, the words: — or from
television or broadcasting rights, — so as to read as follows:
commonwealth — Sectiou 1^0. Evcry liccnsee holding or conducting any
licpMeet!" ^^'^ boxing or sparring match or exhibition shall, within
regulated. sevcnty-two hours after its conclusion, pay to the state
treasurer a sum equal to five per cent of the total gross re-
ceipts from the sale of tickets or from admission fees or from
television or broadcasting rights; provided, that if such
match or exhibition is conducted as an incidental feature in
an event or entertainment of a different character, such
portion of the total receipts shall be paid to the common-
wealth as the commission may determine or as may be fixed
pro^eed°/etc. ^Y ™^^ adoptcd uudcr section forty-six. Within said time
the licensee shall furnish to the commission a report, duly
verified by the treasurer and secretary, showing the exact
number of tickets sold and admission fees collected for the
contest, and the gross receipts thereof, and such other data
as the commission may require. Approved March 27, 1952.
Chap.204: An Act relative to the number of assistant city regis-
trars IN THE CITY OF BOSTON.
Be it enacted, etc., as folio ws:
Chapter 314 of the acts of 1892 is hereby amended by
striking out section 2 and inserting in place thereof the fol-
lowing section: — Section 2. Said city registrar shall, from
his subordinates, appoint three assistant city registrars, who
may, in the absence of said city registrar, perform his duties.
The certificates or attestations of an assistant city registrar
Acts, 1952. — Chaps. 205, 206, 207. 119
shall have the same force and effect as that of said city regis-
trar. Said city registrar may pay, out of any funds received
by him, the fees due to persons making returns under the
requirements of law, and shall, on or before the twentieth
of each month, transmit the accounts and vouchers for all
funds so received and fees so paid to the city auditor.
Approved March S7, 1952.
An Act authorizing the city of westfield to pay a Chap. 206
CERTAIN SUM OF MONEY TO GEORGE C. BYERS.
Be it enacted, etc., as follows:
Notwithstanding any provisions of section ninety-one of
chapter thirty-two of the General Laws, the city of Westfield
is hereby authorized to pay to George C. Byers, a retired
employee of the fire department of said city, the sum of two
hundred and ninety-eight dollars and seventy cents for work
performed during the period from October eleventh to
December fifteenth, nineteen hundred and fifty, as superin-
tendent of the fire alarm system of said city.
Approved March 27, 1952.
An Act placing the incumbent of the position of (7/j,flr>.206
ASSISTANT epidemiologist IN THE HEALTH DEPARTMENT
OF THE CITY OF LYNN UNDER CIVIL SERVICE LAWS AND
RULES.
Be it enacted, etc., as follows:
Section 1. The incumbent of the position of assistant
epidemiologist in the health department of the city of Lynn
shall be classified under the civil service laws and rules on
the effective date of this act; provided, that he passes a
qualifying examination to be given by the division of civil
service.
Section 2. This act shall take full effect upon its ac-
ceptance by the mayor and city council of the said city in
the current year. Approved March 27, 1952.
An Act relative to the examination and determina- Chav. 207
TION of election results BY THE GOVERNOR AND COUNCIL
IN STATE ELECTIONS AND STATE-WIDE RECOUNTS.
Be it enacted, etc., as follows:
Section 115 of chapter 54 of the General Laws, as appear- a l. aer.
ing in the Tercentenary Edition, is hereby amended by § lU, '
striking out the second sentence and inserting in place amended.
thereof the following sentence : — Within ten days after Examination,
such delivery, the governor, with at least five councillors, election
shall open and examine all such copies. results.
Approved March 27, 1952.
120 Acts, 1952. — Chaps. 208, 209.
Chap. 208 An Act repealing the provisions of law providing for
PREFERENTIAL VOTING AT MUNICIPAL ELECTIONS IN THE
CITY OF NEWTON AND MAKING THE GENERAL MUNICIPAL
ELECTION LAWS APPLICABLE THEREIN.
Be it enacted, etc., asfolloivs:
Section 1. So much of chapter two hundred and sixty-
one of the Special Acts of nineteen hundred and sixteen, and
all acts in amendment thereof and in addition thereto, as
relates to the nomination and election of municipal officers
in the city of Newton, are hereby repealed, and upon such
repeal such officers shall be nominated as provided in section
six of chapter fifty-three of the General Laws, and shall be
elected by plurality vote.
Section 2. Notwithstanding the provisions of any gen-
eral or special law, the number of signatures of quaUfied
voters required to nominate municipal officers in the city of
Newton shall be as follows : — For the office of mayor, one
hundred signatures; for alderman at large, fifty signatures;
for members of the school committee, fifty signatures; and
for alderman by ward, twenty-five signatures of quahfied
voters of the ward in which the election is to be held.
Section 3. This act shall be submitted for acceptance
to the registered voters of the city of Newton at the next
biennial state election in the form of the following question,
which shall be placed upon the official ballot to be used in
said city at said election: — "Shall an act passed by the
general court in the year nineteen hundred and fifty-two,
entitled 'An Act repealing the provisions of law providing
for preferential voting at municipal elections in the city of
Newton and making the general municipal election laws
apphcable therein', be accepted?" If a majority of the
voters present and voting thereon vote in the afiirmative in
answer to said question, this act shall thereupon take full
effect, but not otherwise. Approved April 1, 1952.
Chap. 209 An Act increasing the maximum participation per-
missible IN the investment of small trust funds.
Be it enacted, etc., as folloivs:
EdV'203A Chapter 203 A of the General Laws is hereby amended by
§ 7, etc., ' striking out section 7, as amended by chapter 755 of the
amended. ^^^^ ^£ ^g^g^ ^^^ inserting in place thereof the following
Maximum sectiou : — Section 7. No participation in a common trust
permissrbk" fuud shall be acquired by any trustee, guardian or conser-
ment'ofsmaii vator whilc any investment therein is such as would then
trust fund.s. j^q^ ^g ^ proper investment for a trustee or then not be
readily marketable, or such as would result in any such
trustee, guardian or conservator having participations in
common trust funds of a total value in excess of one hundred
thousand dollars as computed in accordance with the provi-
Acts, 1952. —Chaps. 210, 211. 121
sions of section six, or as would result in an inter vivos trust
created after the date of said declaration of trust having
a participation in common trust funds of a total value of
less than four thousand dollars.
Approved April 1, 1952.
An Act authorizing the town of Shrewsbury to pay a Chav.2\0
SUM OF MONEY TO FRANK DAVOLIO.
Be it enacted, etc., as follows:
Section 1. The town of Shrewsbury is hereby author-
ized to pay from an appropriation available therefor to
Frank Davolio, doing business under the name of E. Davolio
& Son, the sum of six hundred and eleven dollars and nine
cents for labor and materials furnished by him to said town.
Section 2. This act shall take effect upon its passage.
Approved April 3, 1952.
An Act relative to the holding of property by the (Jfiaj) 211
university OF MASSACHUSETTS , BUILDING ASSOCIATION
AND THE LEASING OF CERTAIN STATE LAND TO SAID COR-
PORATION.
Be it enacted, etc., as follows:
Section 1 . University of Massachusetts Building Associ-
ation, incorporated under the name of Massachusetts State
College Building Association by section one of chapter three
hundred and eighty-eight of the acts of nineteen hundred
and thirty-nine, is hereby authorized to hold, for the pur-
poses set forth in said chapter, real and personal estate to an
amount not exceeding eight hundred thousand dollars, in
addition to the amount of real and personal estate which
may be held by said corporation under authority of said
chapter and of chapter three hundred and ninety of the acts
of nineteen hundred and forty-five, chapter three hundred
and fifty-two of the acts of nineteen hundred and forty-six,
chapter one hundred and eighty-five of the acts of nineteen
hundred and forty-eight, and of chapter four hundred and
fourteen of the acts of nineteen hundred and fifty, of which
an amount not exceeding twenty thousand dollars may
consist of, or be applied to the construction and equipment
of, garage units adjacent to the housing units heretofore
constructed by said corporation for occupancy by professors,
instructors, teachers and employees of the University of
Massachusetts, such garages to be for hire by occupants of
said housing units from the trustees of the university, acting
in the name of and for the commonwealth, on such terms
and conditions as said trustees, or their authorized repre-
sentatives, shall determine.
Section 2. The trustees of the University of Massa-
chusetts may, in the name of and for the commonwealth,
lease to said corporation two acres of land in Amherst or
122 Acts, 1952. — Chap. 212.
Hadley owned by the commonwealth, for the erection and
maintenance of dormitories, commons and other buildings
for the use of said university or its students, faculty and
staff. The land hereby authorized to be leased to said cor-
poration shall be in addition to the aggregate land author-
ized to be leased pursuant to section six of said chapter three
hundred and eighty-eight of the acts of nineteen hundred
and tliirty-nine, section two of chapter three hundred and
ninety of the acts of nineteen hundred and forty-five, section
two of chapter three hundred and fifty-two of the acts of
nineteen hundred and forty-six, section two of chapter one
hundred and eighty-five of the acts of nineteen hundred and
fortj^-eight and section two of chapter four hundred and
fourteen of the acts of nineteen hundred and fifty. Leases
to said corporation, executed on behalf of the commonwealth
by a majority of said trustees, of the land provided in said
acts and tliis act and in any grants hereafter enacted of
additional Hke authority, for said purposes are authorized
in parcels as heretofore or hereafter from time to time de-
termined by or on behalf of said tmstees; provided, that the
aggregate land so leased shall not at any time exceed the
aggregate land theretofore so authorized to be leased to said
corporation. Nothing in this section shall be construed as
limiting or restricting the powers conferred upon said
trustees by said section six of said chapter three hundred
and eighty-eight with respect to the leasing of lands by them
to said corporation. Approved April 3, 1952.
Chap.212 An Act providing that the city council of the city of
BOSTON MAY, WITH THE APPROVAL OF THE MAYOR, FIX
CERTAIN SALARIES.
Be it enacted, etc., as follows:
Section 1. Paragraph (6) of section 117 of chapter 479
of the acts of 1938 is hereby amended by striking out the
third sentence, as appearing in section 1 of chapter 201 of
the acts of 1949, and inserting in place thereof the following
sentence : — Each member of the board of appeal shall re-
ceive for every day or part thereof of actual service twenty
dollars or such other sum as maj^ from time to time be fixed
by the city council with the approval of the mayor; but no
member shall so receive in any one year more than fifteen
hundred dollars or such other sum as may from time to time
be fixed by the city council with the approval of the mayor.
Section 2. Paragraph (a) of section 120 of said chapter
479 is hereby amended b}'- striking out the last sentence and
inserting in place thereof the following sentence : — Each
member of the board of examiners shall receive for every
day or part thereof of actual service ten dollars or such other
sum as va&Y from time to time be fixed by the city council
with the approval of the mayor; but no member shall so
receive in any one year more than one thousand dollars or
Acts, 1952. — Chap. 213. 123
such other sum as may from time to time be fixed by the
city council with the approval of the mayor.
Section 3. Paragraph (a) of section 121 of said chapter
479 is hereby amended by striking out the second sentence
and inserting in place thereof the following sentence: —
The member of the board of examiners of gasfitters who is
a licensed master gasfitter shall be appointed annually by
the maj'or for a term ending on the first day of May of the
year next ensuing; and he shall receive for every day or part
thereof of actual service ten dollars or such other sum as
may from time to time be fixed by the city council with the
approval of the mayor.
Section 4. Section 2 of chapter 93 of the Special Acts
of 1918, as most recently amended by section 1 of chapter
601 of the acts of 1951, is hereby further amended by strik-
ing out the last sentence and inserting in place thereof the
following sentence: — The mayor shall designate the chair-
man of the board of assessors who shall receive an annual
salary of eighty-two hundred and sixty dollare or such other
sum as may from time to time be fixed by the city council
with the approval of the mayor; and the four other members
of said board shall each receive an annual salary of sixty-
seven hundred and sixty dollars or such other sum as may
from time to time be fixed by the city council with the
approval of the mayor.
Section 5. Section 3 of said chapter 93, as most recently
amended by section 2 of said chapter 601, is hereby further
amended by striking out the last sentence and inserting in
place thereof the following sentence: — Each deputy assessor
shall perform such duties as the board of assessors may pre-
scribe, and shall receive an annual salary of sixty-two hun-
dred and sixt}^ dollars or such other sum as may from time
to time be fixed by the city council with the approval of the
mayor.
Section 6. This act shall take full effect upon its ac-
ceptance by the city council with the approval of the mayor.
Approved April 3, 1952.
An Act authorizing the county commissioners of phnij 213
MIDDLESEX COUNTY TO PAY A SUM OF MONEY TO CHARLES "*
H. McSWEENEY OF BELMONT.
Be it enacted, etc., as follows:
For the purpose of discharging a moral obligation, the
county commissioners of Middlesex county are hereby
authorized to pay to Charles H. McSweeney of Belmont the
sum of five hundred dollars to reimburse him for medical and
dental expenses incurred by him as a result of an accident
sustained in the probate court of said county on May seven-
teenth, nineteen hundred and fifty-one. No payment shall
be made hereunder until there shall have been filed mth the
treasurer of said county an agreement signed by said Charles
124 Acts, 1952. — Chaps. 214, 215.
H. McSweeney that the amount, if any, paid or to be paid
for legal services rendered in connection with the passage of
this act shall not exceed ten per cent of the sum paid here-
under. Approved April 3, 1952.
Chap.214: An Act providing that applicants for civil service
examinations shall not be required to furnish
certain information.
Be it enacted, etc., as follows:
G. L. (Ter. Scction 13 of chapter 31 of the General Laws, as most
etc!, 'amended'. Tccently amended by section 5 of chapter 703 of the acts of
1945, is hereby further amended by adding at the end the
for^dyfi"^^ following sentence: — In filing such application, no appli-
serviceex- cant shall be required to furnish any information of arrest
shmnn*ot"be Or convictiou of the following misdemeanors: — drunken-
furnkh^ *° ness, Simple assault, speeding, minor traffic violations, affray
certain or disturbance of the peace; provided, that the date of
information. an-gst or conviction was ten years prior to the filing of said
application. Approved April 3, 1952.
Chap. 215 An Act establishing a traffic commission in the city
OF EVERETT.
Be it enacted, etc., as folloivs:
Section 1. There is hereby established in the city of
Everett, hereinafter referred to as the city, a traffic com-
mission, to consist of the chief of police, chief of the fire
department, superintendent of streets, city engineer and
the inspector of wires.
Section 2. The chief of police, or his representative,
shall act as the chairman of said commission. The members
of the commission shall receive no compensation for their
services as commissioners, but all expenses incurred for the
purposes of this act shall be paid by the city, from an appro-
priation provided for that purpose. All statutes and ordi-
nances applicable generally to departments shall apply to
the commission.
Section 3. The commission shall have exclusive author-
ity, except as otherwise herein provided, to adopt, amend,
alter and repeal rules and regulations, not inconsistent with
the General Laws as modified by this act, relative to vehicular
traffic in the city, and to the movement, stopping or standing
of vehicles on, and their exclusion from, all or any streets,
ways, highways, roads and parkways, under the control of
the city, including rules and regulations designating any
way or part thereof under said control as a through way
under and subject to the provisions of section nine of chapter
eighty-nine of the General Laws, and may prescribe penal-
ties not exceeding twenty dollars for the violation of any
rule or regulation adopted hereunder. No such rule or regu-
Acts, 1952. — Chap. 216. 126
lation, except such special rules and regulations as are
declared by vote of the commission to be urgently required
by consideration of pubhc safety or convenience or such as
are of a temporary nature and are to be effective for a period
of not more than thirty days, shall take effect until published
for two successive weeks in one or more newspapers published
in the city. Upon petitions of fifteen registered voters of the
city relative to any rule or regulation adopted or proposed
to be adopted under this section, the commission shall hold
a public hearing thereon within thirty days after the filing
with the commission of such petitions, and final action
thereon shall be determined only by vote of a majority of the
entire membership of the commission. The commission
shall have power to erect signals, markings and other de-
vices for the control of such traffic in the city and for in-
forming and warning the public as to rules and regulations
adopted hereunder, subject, however, to section two of
chapter eighty-five and sections eight and nine of chapter
eighty-nine of the General Laws. Nothing in this act shall
be construed to authorize the commission to adopt any rule
or regulation excluding trackless trolley vehicles or buses of a
street railway or bus company from any way or part thereof
in which it has a location, or to modify or limit any power
or authority of the metropolitan district commission, of the
state department of public works or the state department of
pubhc utilities, or any power now vested in the mayor,
board of aldermen or heads of departments with reference
to the issuance of hcenses or permits for the opening, using
or occupying of streets and sidewalks.
Section 4. All existing ordinances, relating to the con-
trol of vehicular traffic shall remain in full force and effect
until superseded by regulations adopted by the commission
under this act, and the adoption thereof shall not affect any
act done, any right accrued, any penalty incurred, or any
suit or prosecution pending, at the time of said adoption.
Section 5. This act shall take full effect upon its ac-
ceptance by vote of the city council, subject to the pro-
visions of the city charter, but not otherwise.
Approved April 3, 1952.
An Act extending the period of time during which Qliap 216
THE CITY OF NEW BEDFORD MAY APPROPRIATE MONEY
FOR THE PROMOTION AND DEVELOPMENT OF THE INDUSTRIAL
RESOURCES OF SAID CITY.
Be it enacted, etc., as folloivs:
Section 1. Chapter 736 of the acts of 1949 is hereby
amended by striking out section 1 and inserting in place
thereof the following section : -^ Section 1 . Notwithstand-
ing the provisions of any general or special law to the con-
trary, the city of New Bedford may appropriate annually,
for a period of six years commencing in the current year, a
126 Acts, 1952. — Chaps. 217, 218.
sum not exceeding thirty thousand dollars in any one year,
for the purpose of creating a development and industrial
commission for the promotion and development of the in-
dustrial resources of said city. The commission shall conduct
researches into industrial conditions and shall seek to co-
ordinate the activities of unofiicial bodies organized for said
purposes, and may advertise, prepare, print and distribute
books, maps, charts and pamphlets which in its judgment
will further the purposes for which it is created. In carrying
out the provisions of this act the commission may appoint
such experts, clerks and employees as it may require; pro-
vided, that said appointees shall not be subject to the provi-
sions of chapter thirty-one of the General Laws. The com-
mission shall report quarterly in writing of its progress to
the mayor and to the city council. Copies of said report
shall be filed with the city clerk and the director of accounts,
and shall be open for public inspection. Members of the
commission or its authorized agents may travel within or
without the commonwealth for the purpose of carrying out
the provisions of this act. Appointments and money ex-
pended hereunder shall be under the direction of the mayor
and city council in accordance with its charter.
Section 2. This act shall take effect upon its passage.
Avvroved April 7, 1952.
Chap. 217 An Act placing the office of veterans' agent and
DIRECTOR OF VETERANS* SERVICES IN THE TOWN OF CLINTON
UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The ofiice of veterans' agent and director of
veterans' services in the town of CUnton shall, upon the effec-
tive date of this act, become subject to the civil service laws
and rules, and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to said laws. The in-
cumbent of said office on said effective date shall be subjected
by the division of civil service to a quaUfying examination,
and if he passes said examination he shall be certified for
said office and shall be deemed to be permanently appointed
thereto without being required to serve any probationary
period.
Section 2. This act shall take effect upon its passage.
Approved April 7, 1952.
Chap. 218 An Act authorizing the city of lowell to pay a sum
OF MONEY TO MAURICE LAMBERT OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral
obUgation, the city of Lowell may pay to Maurice Lambert
of said city the sum of seventeen hundred and forty-six
Acts, 1952. — Chaps. 219, 220. 127
dollars and eighty-six cents to reimburse him for hospital,
medical and other expenses incurred by him on account of
injuries received by his minor daughter in the gymnasium
of the high school of said city.
Section 2. This act shall take effect upon its passage.
Approved April 7, 1952.
An Act increasing the amount which the town of ayer Chav.219
MAY BORROW FOR SEWERAGE AND SEWAGE DISPOSAL
PURPOSES.
Be it enacted, etc., as follows:
Section 1. Chapter 300 of the acts of 1949 is hereby
amended by striking out section 4 and inserting in place
thereof the following section: — Section 4. For the purpose
of paying the necessary expenses and habiUties incurred
under this act, said town may, from time to time, borrow
such sums as may be necessary, not exceeding, in the aggre-
gate, two hundred and thirty-three thousand dollars, and
may issue bonds or notes of the town therefor, which shall
bear on their face the words, Ayer Sewer Loan, Act of 1949.
Each authorized issue shall constitute a separate loan. In-
debtedness under this act shall be in excess of the statutory
limit, but shall, except as provided herein, be subject to the
provisions of chapter forty-four of the General Laws, in-
cluding the limitations contained in the first paragraph of
section seven thereof.
Section 2. Action taken under this act at the annual
town meeting held in the current year shall be as effective
as though this act had been in full force and effect at the
time the warrant for said meeting was posted.
Section 3. This act shall take effect upon its passage.
Approved April 7, 1952.
An Act relative to the north sagamore water district. (7/j(jr).220
Be it enacted, etc., asfolloivs:
Section 1. Chapter 290 of the acts of 1939 is hereby
amended by striking out section 7 and inserting in place
thereof the following section: — Section 7. Whenever an
appropriation has been duly voted by said district for the
purposes of this act, a certified copy of the vote with the
apportionment made shall be rendered by the clerk to the
assessors of the towns of Bourne and Sandwich, who shall
assess the apportionment for each town in the same manner
in all respects in which town taxes are required by law to
be assessed; provided, that no estate shall be subject to
any tax assessed on account of the system of water supply
under this act, if, in the judgment of the board of water
commissioners hereinafter provided for, after a hearing, due
notice of which shall have been given, such estate is so
128 Acts, 1952. — Chap. 221.
situated that it can receive no aid in the extinguishment of
fire from the said system of water supply, or receive no
benefit in fire insurance grading therefrom, or both, or if
such estate is so situated that the buildings thereon, or the
buildings that might be constructed thereon, could not be
supplied with water from said system in any ordinary or
reasonable manner; but all other estates in said district
shall be deemed to be benefited and shall be subject to the
tax. A certified Ust of the estates exempt from taxation
under the provisions of this section shall annually be sent
by the board of water commissioners hereinafter provided
for to the assessors, at the same time at which the clerk shall
send a certified copy of the vote as aforesaid. The assess-
ment shall be committed to the town collector, who shall
collect said tax in the manner provided by law for the col-
lection of town taxes, and shall deposit the proceeds thereof
with the district treasurer for the use and benefit of said
district. Said district may collect interest on overdue taxes
in the manner in which interest is authorized to be collected
on town taxes.
Section 2. This act is enacted for the sole purpose of
permitting taxes to be raised by the towns of Bourne and
Sandwich for their proportionate share of the appropriation
duly voted by the said North Sagamore Water District,
established by chapter two hundred and ninety of the acts
of nineteen hundred and thirty-nine, and is to be construed
as a continuation of the provisions of said act and not a new
enactment except as herein provided.
Section 3. This act shall take effect as of the first day
of January, nineteen hundred and fifty-two.
Approved April 7, 1952.
Chap. 221 An Act establishing the number of signatures re-
quired FOR NOMINATION TO STATE-WIDE OFFICES.
prTambie"^ Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to require the number of
signatures provided thereby effective at the nominations
to be held in the current year, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
G.L. (Ter. Chapter 53 of the General Laws is hereby amended by
§ 44.' etc.. striking out section 44, as most recently amended by section
amended. g ^f chapter 337 of the acts of 1941, and inserting in place
Number of thercof the following section : — Section 44- The nomina-
r'eq"u'ired7or tion of Candidates for nomination at state primaries shall
toTt^te-'°" b® ^y nomination papers. In the case of offices to be filled
wide offices. by all the voters of the commonwealth such papers shall be
signed in the aggregate by at least twenty-five hundred
voters, not more than five hundred of the total number
required to be credited to any one county. Such papers
Acts, 1952. — Chaps. 222, 223. 129
for all other offices to be filled at a state election shall be
signed by a number of voters equal in the aggregate to five
voters for each ward and each town in the district or county,
but in no case shall more than two hundred and fifty be
required. Approved April 7, 1952.
An Act relative to the disposal of slash from lumber- Chap. 222
ING operations.
Be it enacted, etc., as follows:
Section 16 of chapter 48 of the General Laws, as amended Edo,.!? §i6.
by section 1 of chapter 103 of the acts of 1943, is hereby etc.. 'amended!
further amended by adding at the end the following : — , and
all slash resulting from such cutting operations shall be cut
and scattered in such a manner as to minimize the danger
from fire, — so as to read as follows: — Section 16. Every Disposal of
owner, lessee, tenant or occupant of lands or of any rights or fu^berin™
interests therein, except electric, telephone and telegraph operations,
companies, who cuts or permits the cutting of brush, wood ^^^
or timber on lands which border upon woodland of another,
or upon a highway or railroad location, shall dispose of the
slash caused by such cutting in such a manner that the
same will not remain on the ground within forty feet of any
woodland of another, or of any highway or railroad location,
and all slash resulting from such cutting operations shall be
cut and scattered in such a manner as to minimize the
danger from fire. Approved April 7, 1952.
An Act permitting certain towns to revoke their Chav.22'^
ACCEPTANCE OF CERTAIN SPECIAL ACTS.
Be it enacted, etc., as follows:
Chapter 4 of the General Laws is hereby amended by in- g l. (Ter.
serting after section 4 the following section: — Section J^A. §4a, added.
At any time after the expiration of three years from the date Revocation of
on which any special act of the general court has been ac- fowTJ^or^ ^
cepted by the voters of a town, and not less than ninety days authorized^'
before the date of an annual meeting, a petition signed by
not less than ten per cent of the registered voters of the town
may be filed with the selectmen, requesting that the question
of revoking the acceptance of any special act be submitted
to the voters. Thereupon the selectmen shall cause the Question to be
question of revocation of the acceptance of such special act Ctfidai baiiot.
to be placed on the ballot at the next annual election. At
said election the vote shall be taken in answer to the follow-
ing question, which shall be placed on the official ballot to
be used for the election of town officers: — "Shall the ac-
ceptance by the town of of an act passed
by the General Court in the year , being chapter
of the acts of , entitled 'An Act providing
in the town of ' be revoked?" If such revo-
cation is favored by a majority of the voters voting thereon
130 Acts, 1952. — Chaps. 224, 225.
by ballot, the acceptance of said act shall be revoked and
said act shall become null and void beginning with the first
day of the month next following said revocation. This
section shall not apply in towns having a population in
excess of fifteen thousand inhabitants, nor shall it apply to
any acceptance by a town authorizing but not requiring it
to act in any manner, to any action taken under chapter
thirty-one or thirty-two, to any special act in which other
provision is made for revocation, to any special act which
authorizes the making of a capital outlay or public improve-
ment, nor to any special act involving participation or mem-
bership in a district including a regional school district. No
revocation of a special act hereunder shall affect in any
manner any contractual rights, civil service rights, rights
of tenure, or pension or retirement rights arising from the
provisions of such special act. Approved April 7, 1952^
Chap. 224. An Act relative to the effective date of certain
PENSION increases PAYABLE TO CERTAIN FORMER EM-
PLOYEES OF THE TOWN OF SCITUATE.
Be it enacted, etc., as follows:
The provisions of chapter eight hundred and twenty of
the acts of nineteen hundred and fifty, having been accepted
by the voters of the town of Scituate at a special town meet-
ing held on October fifteenth, nineteen hundred and fifty-
one, shall be effective in said town as of January first, nine-
teen hundred and fifty-one. Approved April 7, 1952.
Chap.225 An Act authorizing the city of Worcester to appro-
priate AND PAY A SUM OF MONEY TO CERTAIN PERSONS
DOING BUSINESS UNDER THE NAME OF B. N. T. SAND &
GRAVEL COMPANY OF WORCESTER.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral
obligation, the city of Worcester is hereby authorized to
appropriate and pay the sum of six thousand and seventy-
one dollars and fifty-two cents to John Nardella, John Buduo,
Frank Buduo and Augustine J. Triola, doing business under
the name of B. N. T. Sand & Gravel Company of Worcester,
for labor and materials furnished by said company, said sum
being legally unenforceable against said city by reason of
the fact that said labor and materials furnished in the repairs
and construction of roads in said city were not included in
a contract entered into by the company and said city.
Section 2. This act shall take full effect upon its ac-
ceptance by the city council of said city, subject to the
provisions of its charter, but not otherwise.
Approved April 7, 1952.
Acts, 1952. — Chaps. 226, 227, 228. 131
An Act authorizing the city of Worcester to sell a Chav. 22Q
CERTAIN parcel OF LAND ON HOLDEN STREET IN SAID
CITY.
Be it enacted, etc., as follows:
Section 1. The city of Worcester is hereby authorized
to sell at public auction to the highest bidder and convey,
free and clear from any obligation to use the same for any
public purposes, a certain parcel of land located on Holden
street in said city and containing about twenty-two thousand
and forty-six square feet, presently held under the jurisdic-
tion and control of the parks and recreation commission.
Section 2. This act shall take effect upon its acceptance
by the city council in accordance with the provisions of
the city charter. Approved April 7, 1952.
An Act reviving lynnfield water company for the Qfidj) 227
sole purpose of selling and conveying certain
PROPERTY and DISTRIBUTING THE PROCEEDS THEREOF.
Whereas, The deferred operation of this act would delay Emergency
the corporation revived thereby in resuming the exercise preamWe.
of its former corporate powers to the extent provided thereby,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Lynnfield Water Company, a corporation dissolved by
chapter two hundred and ninety-nine of the acts of nineteen
hundred and thirty-one, is hereby revived and continued
for a period of two years from the effective date of this act
for the sole purpose of selling and conveying title to certain
property situated in the town of Lynnfield, and of distribut-
ing the proceeds of said sale among those entitled thereto.
Approved April 12, 1952.
An Act authorizing the commissioner of mental health QJidij 228
TO sell certain property of the commonwealth in
THE city of WORCESTER.
Whereas, The deferred operation of this act would tend Emwgency
to defeat its purpose, which is to provide a suitable site for
the construction of an armory by the United States govern-
ment with presently available federal funds to be used in
the training program of the organized reserve corps of the
United States army, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted, etc., as follows:
Section 1. Subject to the approval of the governor and
council, the commissioner of mental health, in the name and
on behalf of the commonwealth, is hereby authorized to
preamble.
132 Acts, 1952. — Chap. 228.
sell or transfer to the United States government for the sum
of one dollar and other considerations a portion of land
situated in the rear of Lake avenue in the city of Worcester,
adjacent to land authorized to be sold to the United States
government by chapter two hundred and ninety-eight of
the acts of nineteen hundred and fifty and chapter seven
hundred and ninety-six of the acts of nineteen hundred and
fifty-one, said tract to contain a frontage of approximately
five hundred feet along the said land previously sold to the
United States government, with a depth of approximately
one hundred and fifteen feet. The land is to be used by the
United States government for the erection of an armory to
be utilized in connection with the training program of the
organized reserve corps of the United States army. This
sale or transfer is to be subject to such conditions and restric-
tions for the benefit of the Worcester state hospital as may
seem advisable to the commissioner.
Section 2. Upon the completion of the sale or transfer
of the land referred to in section one of this act, jurisdiction
over said land is hereby granted and ceded to the United
States of America, but upon the express condition that the
commonwealth shall retain concurrent jurisdiction with
the United States of America in and over said land, in so
far that all civil processes, and such criminal processes as
may issue under the authority of the commonwealth against
any person or persons charged with crimes committed with-
out said land and all processes for collection of taxes levied
under authority of the laws of the commonwealth, including
the service of warrants, may be executed thereon in the
same manner as though this cession had not been granted;
provided, that the jurisdiction in and over the land above
described shall revert to and revest in the commonwealth
whenever such areas shall cease to be used for the purposes
set forth in section one; and provided, further, that, in the
event that the United States government fails to com-
mence the erection of said armory on or before July thirty-
first, nineteen hundred and fifty-two, said land shall revert
to and revest in the commonwealth.
Section 3. Section 2 of chapter 298 of the acts of 1950
is hereby amended by striking out, in lines 18 and 19, the
words "within two years after the effective date of this act"
. and inserting in place thereof the words : — on or before
July thirty-first, nineteen hundred and fifty-two.
Section 4. Section 2 of chapter 796 of the acts of 1951
is hereby amended by striking out, in lines 18 and 19, the
words "within two years after the effective date of this act"
and inserting in place thereof the words : — on or before
July thirty-first, nineteen hundred and fifty-two.
Approved April 12, 1952.
Acts, 1952. — Chaps. 229, 230, 231. 133
An Act providing for the appointment of two mes- Chap. 229
SENGERS FOR THE COURT OF PROBATE AND INSOLVENCY
IN HAMPDEN COUNTY.
Be it enacted, etc., as follows:
Section 1. Chapter 217 of the General Laws is hereby o. l. (Ter.
amended by striking out section 32A, as appearing in the f a^V^^'
Tercentenary Edition, and inserting in place thereof the amended.
following section: — Section 32 A. The judges of probate Messengers
for Hampden county may appoint two messengers for the c^uft "n"**^
court of probate and insolvency for said county, may remove ^^^'Jjpf®'*
them at their pleasure, and may fill vacancies caused by anthoVizea.
removal or otherwise. Said messengers shall wait upon said
court and perform such duties as the judges may direct,
including duty as court officers of said court. They shall,
while in attendance on said court, wear uniforms, such as
the court shall order, to be furnished at the expense of said
county.
Section 2. This act shall take effect upon its passage. Effective
Approved April 12, 1952. ****^-
An Act authorizing the north raynham water district (7/i(27).230
TO REFUND CERTAIN INDEBTEDNESS.
Be it enacted, etc., as follows:
Section 1. The North Raynham Water District, es-
tablished by chapter four hundred and eighty-three of the
acts of nineteen hundred and forty-nine, is hereby authorized
to refund for a period not beyond November first, nineteen
hundred and fifty-six, eight thousand dollars of an outstand-
ing loan of ten thousand dollars borrowed on a note dated
November first, nineteen hundred and fifty, and maturing
November first, nineteen hundred and fifty-two, issued
under chapter forty-four of the General Laws for the purpose
of paying a part of the cost of construction of its water system,
and to issue notes therefor which shall bear on their face the
words North Raynham Water District Refunding Loan,
Act of 1952.
Indebtedness incurred under this act shall be subject to
the provisions of chapter forty-four of the General Laws
pertaining to such districts.
Section 2. This act shall take effect upon its passage.
Approved April 12, 1952.
An Act permitting the city of lawrence to reinstate Qjion 231
timothy M. RILEY AS AN EMPLOYEE OF THE WELFARE
DEPARTMENT FOR THE PURPOSE OF RETIREMENT.
Be it enacted, etc., as follows:
Section 1. Any provision of the law to the contrary
notwithstanding, the city of Lawrence may reinstate Timothy
M. Riley as an employee of the welfare department of said
134
Acts, 1952. — Chap. 232.
city for the purpose of retirement only. Upon such rein-
statement, said Timothy M. Riley shall, upon his applica-
tion, be retired under paragraph (a) of subdivision (2) of
section five of chapter thirty-two of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved April 12, 1952.
Chap. 232 An Act relative to the taxation of personal property
OF certain public utility companies.
Emergency
preamble.
G. L. (Ter.
Ed.), 59.
§ 5, etc.,
amended.
Taxation of
personal
property of
certain publie
utility
companies.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to make effective at once its
provisions relative to the taxation of personal property of
certain public utility companies, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public convenience.
Be it enacted, etc., as follows. •
Section 1. Clause Sixteenth of section 5 of chapter 59
of the General Laws, as most recently amended by chapter
732 of the acts of 1949, is hereby further amended by insert-
ing after the word "twenty-three", in line 10, the words: —
, section fifty-two A, — so as to read as follows : —
Sixteenth, Property, other than real estate, poles, under-
ground conduits, wires and pipes, and other than machinery
used in manufacture or in supplying or distributing water,
owned by Massachusetts savings banks or co-operative
banks, by Massachusetts corporations subject to taxation
under chapter sixty-three except domestic business cor-
porations as defined in section thirty of said chapter or
domestic manufacturing corporations, as defined in section
thirty-eight C of said chapter, or by foreign corporations
subject to taxation under section twenty, section twenty-
three, section fifty-two A or section fifty-eight of said chapter;
provided, that, in the case of property owned by foreign
corporations subject to taxation under said section twenty
or under said section twenty-three, the laws of the state of
incorporation, or, in the case of foreign corporations of
other nations, the laws of the state where they have elected
to establish their principal office in the United Sta,tes, grant
similar exemption from taxation of tangible property owned
by like corporations organized under or created by the laws
of the commonwealth; also property, other than real estate,
poles, underground conduits, wires and pipes, and other
than machinery used in the conduct of the business, owned
by domestic business corporations or by foreign corporations,
as defined in section thirty of chapter sixty-three; also
property, other than real estate, poles, underground conduits,
wires and pipes, owned by domestic manufacturing cor-
porations, as defined in section thirty-eight C of said chapter,
or by foreign manufacturing corporations, as defined in
section forty-two B of said chapter; provided, that the
term "machinery used in the conduct of the business" shall
Acts, 1952. — Chap. 233 135
not, as herein used, be deemed to include stock in trade and
that the classification by the commissioner of domestic
business corporations and foreign corporations, as defined in
section thirty of chapter sixty-three, of domestic manu-
facturing corporations, as defined in section thirty-eight C
of said chapter, and of foreign manufacturing corporations,
as defined in section forty-two B of said chapter, shall be
followed in the assessment under this chapter of machinery
used in the conduct of the business; and, provided further,
that exemption under this clause shall not extend to a
corporation subject to the provisions of section three of
chapter one hundred and eighty-one, if such corporation
has failed to comply with said provisions.
Section 2. This act shall take effect as of January first, Efrective
nineteen hundred and fifty-two.
Approved April 12, 1952.
An Act establishing harvard church and authorizing pi ^00
THE transfer OF CERTAIN PROPERTY BY HARVARD CON- ^'^^P'^^^
GREGATIONAL society of BROOKLINE to SAID HARVARD
church.
Be it enacted, etc., as folloivs:
Section 1. Harvard Church, a voluntary religious as-
sociation, and the Harvard Congregational Society of Brook-
Une, an incorporated religious society incorporated under
general law, both situated in Brookline, upon acceptance of
this act by a two thirds vote of the members of each of said
respective organizations present and voting at meetings
called by each of said respective organizations for the pur-
pose, and by the recording with the secretary of the common-
wealth and in the registry of deeds for the county of Norfolk
of certificates of said votes, duly made and sworn to by the
respective clerks of said meetings, shall hereafter be a cor-
poration by the name of Harvard Church. Said Harvard
Church shall have all the powers, rights, franchises and
privileges which the said voluntary religious association and
the members of said Harvard Congregational Society of
Brookline have heretofore acquired or enjoyed by statute,
vote, gift, grant, usage, prescription or otherwise, and subject
to all the duties and liabilities to which the said voluntary
religious association and said members have heretofore been
subject. Said Harvard Church shall have, except as may
be provided otherwise in this act, all the rights, powers and
privileges, and be subject to all the duties and liabilities, of
religious corporations instituted under general law; and
upon acceptance of this act as aforesaid, all members of said
voluntary association and of said Harvard Congregational
Society of Brookline shall be members of said new corpora-
tion, Harvard Church.
Section 2. The corporation created by section one is
hereby authorized to receive and hold, or disburse for re-
ligious, benevolent and charitable purposes, gifts, grants,
136 Acts, 1952. — Chap. 233.
bequests and devises of real and personal property to an
amount, exclusive of all buildings and the land pertaining
thereto, occupied or used by it for said purposes, not ex-
ceeding the sum of one million dollars, with full power to
sell and convey, in accordance with the terms of any trust
upon which the same is held, any part or the whole of its
said property, including said land and buildings, for purposes
of investment and reinvestment, for the improvement,
alteration or relocation of any of its said buildings, or for
benevolences and charities and upon any such sale the
proceeds thereof shall be held upon the same trusts upon
which the property thus sold was held; and the purchaser
shall not be responsible for the appUcation of the purchase
money.
Section 3. At any time after the acceptance of this act,
as provided in section one, the said Harvard Congregational
Society of Brookline and said voluntary association, or either
of them may, by a two thirds vote of their respective mem-
bers present and voting at meetings called for the purpose,
authorize one or more persons in their name and on their
behalf to execute, acknowledge and dehver proper deeds
and other instruments conveying and transferring in fee
simple any or all of their property, real and personal, except
such as may be held or owned by them for or in connection
with specific and limited charitable uses and trusts, to the
corporation created by section one. Upon the acceptance
of said conveyance by the corporation created by section
one by a two thirds vote of its members present and voting
at a meeting duly called for the purpose, there shall be
recorded in the registry of deeds in the county of Norfolk
said deed and other instruments of transfer, together with
certificates, duly made and sworn to by the clerks of said
meetings, respectively, of the said vote authorizing the said
conveyance and the acceptance thereof.
Section 4. At any time after the acceptance of this act,
as provided in section one, the said Harvard Congregational
Society of Brookline and the said voluntary association, or
either of them, as, if and when authorized by the decree of
a court of competent jurisdiction, may, by a two thirds vote
of their members present and voting at meetings called for
the purpose, convey and transfer property, real and personal,
owned or held by them for or in connection with any and
all specific and limited charitable uses and trusts to the
corporation created by section one.
Section 5. The property conveyed to, or vested in, the
corporation created by section one, under the provisions of
this act, shall not, after such conveyance and vesting, be
applied or apportioned with reference to the source or the
religious body aforesaid from which it was derived under
the provisions of this act, but shall be administered and
applied by the corporation created by section one, for its
general church and charitable purposes and as a single
consolidated property and fund.
Acts, 1952. — Chap. 234. 137
Section 6. In case of doubt as to the manner in which
any property, held in trust or otherwise, conveyed to or
vested in the corporation created by section one, under the
provisions of this act, or the income thereof, should be held,
administered or applied by the said corporation, the matter
may be determined by the supreme judicial court upon the
application of any person interested or of the attorney
general; and, until said court shall otherwise order, such
property and the income thereof shall be held, administered
and applied by the said corporation in accordance with the
terms of the original trusts or as nearly in accordance there-
with as is possible. Any person aggrieved by any provision
of this act may, at any time within six months after the
recording of such of the various deeds or other instruments
in this act provided for, as is alleged to be the cause of such
injury, apply by petition to the supreme judicial court to
have his damages determined by a jury therein, or by or
under the direction of said court; and damages so awarded,
with the costs of suit allowed by statute in civil cases, at-
tending such award, shall be paid by the corporation created
by section one.
Section 7. The records and the books and papers of
said Harvard Congregational Society of BrookUne and of
said voluntary association shall be the property of Harvard
Church, the corporation created by section one, which shall
consistently herewith have and enjoy all franchises, powers
and privileges of every kind now or formerly belonging to
said society and said association and shall assume and be
subject to all the debts and liabilities thereof.
Section 8. After the acceptance of this act as provided
in section one, all gifts, grants, bequests and devises made
to or for the benefit of said Harvard Congregational Society
of Brookline and of said voluntary association, however
described, shall vest in the corporation formed by section one.
Section 9. The first meeting of the corporation created
by section one shall be held on or before the twentieth day
of November, nineteen hundred and fifty-two.
Section 10. This act shall take effect upon its passage.
Approved April 12, 1952.
An Act validating the acceptance of a plan e form
OF charter with plurality voting by the voters of
the city of GLOUCESTER AT THE MUNICIPAL ELECTION
held ON DECEMBER FOURTH, NINETEEN HUNDRED AND
FIFTY-ONE.
Be it enacted, etc., as follows:
Section 1. The acceptance of a Plan E form of charter
with pluraUty voting by the voters at the municipal election
held in the city of Gloucester on December fourth, nineteen
hundred and fifty-one, including the substance and form of
the referendum appearing on the ofiicial ballot, is hereby
made legal and vaUd.
Chap.2S4:
138 Acts, 1952. — Chap. 234.
Section 2. Notwithstanding any provision or provisions
of sections one to forty-five, inclusive, or sections ninety-
three to one hundred and sixteen, inclusive, of chapter forty-
three of the General Laws, or the provisions of any other
statute dealing with proportional representation which may
indicate otherwise, the city of Gloucester shall be governed
by the terms of a Plan E form of charter with pluraUty
voting substituted for proportional representation, and
with nominations of candidates for officers therein being
made as provided in section six of chapter fifty-three of the
General Laws, on and after January first, nineteen hundred
and fifty-four, a city council of nine members and a school
committee of six members to be elected according to law
by plurality voting, the persons receiving the nine highest
number of votes to be declared elected members of the city
council, and the persons receiving the six highest number of
votes to be declared elected to the school committee, without
any preliminary election to be held before the election; the
persons elected to take office on said date, and, except as
aforesaid, their terms of office, salaries to be established,
powers, duties, organization, meetings and all other matters
concerning them, election of a maj^or by the city council, the
duties of the mayor, the appointment, removal, qualifications,
duties, rights and powers of a city manager and the provisions
relating to other officers and employees of the city, to be
determined in accordance with the provisions made therefor
in said chapter forty-three relating to Plan E charters.
Section 3. No provision of law defining proportional
voting to be a distinguishing part or necessary attribute of
a Plan E charter shall apply to the form of Plan E charter
adopted by the voters of the city of Gloucester and to be in
effect on and after January first, nineteen hundred and
fifty-four, and notwithstanding any provision of law re-
quiring a preliminary election to be held to select persons
to be voted on at the election to elect the nine members of
the city council and the six members of the school com-
mittee, no such prehminary election shall be required in the
city of Gloucester, and the persons to be voted on for mem-
bership in the city council and in the school committee shall
be by nomination under the procedure set forth in section
six of chapter fifty-three of the General Laws.
Section 4. The Plan E form of charter outlined in the
foregoing sections, possessing all the attributes of the statu-
tory Plan E charter except by substituting plurality voting
for proportional voting, and dispensing with preliminary
elections, shall continue to be the form of charter for govern-
ing the city of Gloucester until the voters of said city shall
adopt another form of charter in accordance with the proce-
dure and provisions of chapter forty-three of the General
Laws, or by special act of the general court.
Section 5. This act shall take effect upon its passage.
Approved April 12, 1962.
Acts, 1952. — Chaps. 235, 236. 139
An Act providing for the payment of witness fees nhnj) 235
TO officers of the division of state police in certain ^'
cases.
Be it enacted, etc., as follows:
Chapter 262 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 53 A, inserted by chapter 455 of the new's^sfB,
acts of 1949, the following section: — Section 53B. Any abided.
officer of the division of state police, appointed under section t^'cerTain'^'^^
nine A of chapter twenty-two, on duty at night, or on vaca- p'^"ce officers
tion or furlough, or on a day off, who attends as a witness oases
in a civil or criminal case pending in a district court or in
the superior court, or before any trial justice, shall be al-
lowed a witness fee in the amount of three dollars for each
day's attendance .except his first attendance as arresting
officer. Approved April 12, 1952.
authorized.
An Act creating a development and industrial com- Chan 236
mission in the city of BEVERLY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of any general
or special law to the contrary, the city of Beverly may ap-
propriate annually for a period of three years, commencing
in the year nineteen hundred and fifty-two, a sum not ex-
ceeding twenty thousand dollars in any one year, for the
purpose of creating a development and industrial commis-
sion for the promotion and development of the industrial
resources of the city. The commission shall conduct re-
searches into industrial conditions and shall seek to co-ordi-
nate the activities of unofficial bodies organized for said
purposes, and may advertise, prepare, print and distribute
books, maps, charts and pamphlets which in its judgment
will further the purpose for which it is created. In carrying
out the provisions of this act, the commission may appoint
such experts, clerks and employees as it may require; pro-
vided, that said appointees shall not be subject to the pro-
visions of chapter thirty-one of the General Laws. Members
of the commission or its authorized agents may travel within
or without the commonwealth for the purpose of carrying
out the provisions of this act. Appointments and money
expended hereunder shall be under the direction of the
mayor and board of aldermen in accordance with its charter.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the board of aldermen of said city,
subject to the provisions of its charter, but not otherwise.
Approved April 12, 1952.
140 Acts, 1952.— Chaps. 237, 238.
C hap. 2S7 An Act providing for the creation of a development
AND industrial COMMISSION FOR THE CITY OF PEABODY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of any
general or special law to the contrary, the city of Peabody
may appropriate annually for a period of three years com-
mencing in the current year, a sum not exceeding twenty
thousand dollars in any one year, for the purpose of creating
a development and industrial commission for the promotion
and development of the industrial resources of said city.
The commission shall conduct researches into industrial
conditions and shall seek to co-ordinate the activities of
unofficial bodies organized for said purposes, and may adver-
tise, prepare, print and distribute books, maps, charts and
pamphlets which in its judgment will further the purposes
for which it is created. In carrying out the provisions of
this act the commission may appoint such clerks and other
employees as it may require. Members of the commission
or its authorized agents may travel within or without the
commonwealth for the purpose of carrying out the provisions
of this act. Appointments and money expended hereunder
shall be under the direction of the mayor and city council in
accordance with its charter.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.
Approved April 12, 1952.
C hap. 2S8 An Act authorizing the city of westfield to pay sums
OF money to WILLIAM F. DOUGHERTY, ROBERT J. McGINN
AND JOHN J. MORAN TO REIMBURSE THEM FOR EXPENSES
CAUSED BY THEIR REMOVAL FROM THE POLICE FORCE
OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. The city of Westfield, notwithstanding any
statute or ordinance to the contrary, may appropriate and
pay to William F. Dougherty a sum not exceeding twenty-
five hundred dollars, may pay to Robert J. McGinn a sum
not exceeding two thousand dollars and may pay to John J.
Moran a sum not exceeding two thousand dollars to reimburse
them for moneys expended for counsel fees and costs in
connection with their appeal to the district court and other
legal work caused by the action of the chief of police in
suspending them as members of the police force of the city
of Westfield, which appeal resulted in a reversal of the find-
ing of said police chief and an order that they be reinstated
as members of the poUce force.
Section 2, This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Westfield,
subject to the provisions of its charter, but not otherwise.
Approved April 12, 1952.
Acts, 1952. — Chaps. 239, 240. 141
An Act authorizing towns to appropriate money for nhn-y) o^Q
THE payment of PREMIUMS FOR GROUP LIFE INSURANCE ^'
FOR ITS PERMANENT EMPLOYEES.
Be it enacted^ etc., as follows:
Section 5 of chapter 40 of the General Laws is hereby g. l. (Ter.
amended by inserting after clause (43), inserted by chapter ftt!'amended.
1 18 of the acts of the current year, the following clause : —
(44) For the purpose of paying part of the premiums for Payment of
group life insurance for permanent employees under the g^oupllfl ^"'^
provisions of sections one hundred and thirty-three to one insuitance for
hundred and thirty-eight A, inclusive, of chapter one hundred emptoyeesT"
and seventy-five. The amount of such insurance for any authorized,
employees whose yearly gross compensation is less than
two thousand dollars shall not exceed one thousand dollars,
and for any employee whose yearly gross compensation is
two thousand dollars or more, such amount shall not exceed
two thousand dollars. Any increase in the amount of in-
surance made possible by an increase in compensation shall
take effect on the next succeeding poUcy anniversary, but no
reduction in the amount of insurance shall be required on
account of a reduction in compensation. Yearly gross com-
pensation shall not include any overtime pay, and, in the
case of hourly workers, shall be computed on the basis of
scheduled required wc«-k hours. Fifty per cent of the amount
of any premium thereon shall be paid by the town. Any
dividends or other refunds or rate credits shall inure to the
benefit of the town and shall be appUed to the cost of such
insurance. Approved April 12, 1952.
An Act authorizing the restoration of a certain
PERSON TO the ELIGIBLE LIST FOR POLICE OFFICERS IN
THE CITY OF HOLYOKE.
Be it enacted, etc., as follows:
Section 1. The director of civil service is hereby au-
thorized and directed, at the request of the mayor of the
city of Holyoke, to restore James J. Stack to the existing
eligible list for police entrance service in the pohce depart-
ment of said city without examination and in accordance
with the civil service laws and rules, for the remainder of
the period of eligibility of the existing eligible Ust.
Section 2. This act shall take full effect upon its ac-
ceptance, during the current year, by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved April 12, 1952.
Chap.2^0
142 Acts, 1952. — Chaps. 241, 242, 243.
Chap. 24:1 An Act authorizing the superior court to designate
A PROBATION OFFICER TO PERFORM CERTAIN DUTIES
THROUGHOUT THE COMMONWEALTH, AND ESTABLISHING
HIS COMPENSATION.
Be it enacted, etc., as follotvs:
G. L. (Ter. Section 83 of chapter 276 of the General Laws is hereby
f 8'3,'e/c^,' amended by inserting after the sixth sentence, as appearing
amended. [^ section 1 of chapter 774 of the acts of 1951, the following
Designation Sentence : — One of said probation officers shall be desig-
offfceT7or''*'°" nated by the court to perform supervisory and other duties
suPFj'sory relating to probation matters of said court within the com-
monwealth, and he shall receive from the commonwealth, in
Compensation, addition to the compensation fixed by the court for probation
officers, one thousand dollars annually for such services, to-
gether with his reasonable expenses incurred in the per-
formance of such services, but in no event to exceed two
hundred and fifty dollars. Approved April 12, 1952.
Chap. 242 An Act authorizing the city of lowell to increase
THE RETIREMENT ALLOWANCE OF PATRICK F. FLANNERY.
Be it enacted, etc., as folloios:
Section 1. For the purpose of promoting the public
good, the city of Lowell is hereby authorized to increase the
retirement allowance of Patrick F. Flannery, a former em-
ployee of said city, to twelve hundred and eighty dollars.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city.
Approved April 12, 1952.
Chap.243 An Act relative, to the removal of ashes and refuse
in the city of WORCESTER.
Be it enacted, etc., as follows:
Section 1. The city of Worcester shall provide for the
collection and disposal of ashes and refuse from all dwelling
houses, places of business, public buildings, institutions, and
other premises in the city, in accordance with any ordinance
or ordinances of the city and any regulations of the health
department relative thereto; provided, that such collections
shall be made at least once in each week and as much oftener
as the city may by ordinance require; and provided, further,
that the city may by ordinance require the placing of such
ashes and refuse in suitable receptacles on sidewalks, public
or private ways, or other convenient places for collection.
Section 2. This act shall take effect upon its acceptance
by the citj'' council of the city of Worcester.
Approved April 12, 1952.
Acts, 1952. — Chaps. 244, 245. 143
An Act relative to the operation of unregistered Cha7).24:4:
MOTOR vehicles AND TRAILERS.
Be it enacted, etc., as follows:
Section 9 of chapter 90 of the General Laws, as amended Edo.'oal's,
by chapter 283 of the acts of 1941, is hereby further amended etei.'amendert.
by striking out the first sentence and inserting in place
thereof the following sentence : — No person shall operate, operation of
push, draw or tow any motor vehicle or trailer, and the owner moTo? vehicles
or custodian of such a vehicle shall not permit the same to r"„'l,iatid'^^'
be operated, pushed, drawn or towed upon or to remain
upon any way except as authorized by section three, unless
such vehicle is registered in accordance with this chapter
and carries its register number displayed as provided in
section six, and, in the case of a motor vehicle, is equipped
as provided in section seven, except that any motor vehicle
or trailer may, if duly registered, be operated, pushed, drawn
or towed upon or remain upon any way between the hours
of twelve o'clock noon on December thirty-first of one year
and twelve o'clock noon on January first of the following
year if it carries its register number of either year displayed
as provided in section six, and except that a tractor, trailer
or truck may be operated without such registration upon
any way for a distance not exceeding one half mile, if said
tractor, trailer or truck is used exclusively for agricultural
purposes, or for a distance not exceeding three hundred
yards, if such tractor, trailer or truck is used for industrial
purposes other than agricultural purposes, for the purpose
of going from property owned or occupied by the owner of
such tractor, trailer or truck to other property so owned or
occupied; but violation of this section shall not constitute
a defence to actions of tort for injuries suffered by a person,
or for the death of a person, or for injury to property, unless
it is shown that the person injured in his person or property
or killed was the owner or operator of the motor vehicle the
operation of which was in violation of this section, or unless
it is shown that the person so injured or killed, or the owner
of the property so injured, knew or had reasonable cause to
know that this section was being violated.
Approved April 12, 1952.
An Act relative to the validity of certain federal fhnj) 045
TAX liens. ^'
Be it enacted, etc., as folloios:
Section 24 of chapter 36 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by amendid.^ ^^'
adding at the end the following sentence : — No such federal validity of
Uen shall be valid against any person other than the person tIx*?iL"ns!''^'^*'
named in the lien, unless such lien is recorded, in the case of regulated.
real property, in the district where the real estate is located,
144 Acts, 1952. — Chaps. 246, 247.
and in the case of personal property in the office of the clerk
of the city or town in which the person against whom a lien
is filed resides or has his usual place of business.
Approved April 12, 1952,
C hap. 24:Q An Act relative to the dissolution of certain real
ESTATE ATTACHMENTS BY OPERATION OF LAW.
Be it enacted, etc., as follows:
Chapter 339 of the acts of 1945 is hereby amended by
striking out section 2 and inserting in place thereof the fol-
lowing:— Section 2. An attachment of land, or of a right
or interest therein, made prior to August twenty-third,
nineteen hundred and forty-five shall, unless otherwise dis-
solved, expire by operation of law on June thirtieth, nineteen
hundred and fifty-three, unless the register of deeds in the
county or district where said land or some part of it is situ-
ated shall, before that date, at the written request of the
plaintiff or his attorney bring forward the same upon the
books of attachments. Subsequent bringing forward of such
attachments and all fees to be charged for bringing forward
attachments shall be governed by section one hundred and
fourteen A of chapter two hundred and twenty-three of the
General Laws. Approved April 12, 1952.
Chap. 2^1 An Act authorizing municipalities to appropriate
MONEY FOR THE PAYMENT OF CERTAIN REASONABLE EX-
PENSES INCURRED BY OR IN BEHALF OF CERTAIN SCHOOL
PUPILS.
prTambi°^^ Whcreas, The deferred operation of this act would tend
to defeat its purpose, which is to authorize mthout delay
the appropriation of money by municipaUties for the pay-
ment of certain expenses incurred by or in behalf of certain
school pupils, therefore it is hereby declared to be an emer-
gency law necessary for the immediate preservation of the
public convenience.
Be it enacted, etc., as follows:
Ed.V.io.ls, Section 1. Section 5 of chapter 40 of the General Laws,
etc.. 'amended, as amended, is hereby further amended by inserting after
clause (40A), inserted by chapter 525 of the acts of 1947, the
following clause : —
tionrfor'cer- (40B) For the payment, by providing insurance coverage
tain medical or othcrwise, of the reasonable hospital, medical and surgical
luthorfred. expeuscs incurred by or in behalf of any student in any of
its public schools by reason of injury sustained by him while
engaged in shop or laboratory work at such school. Money
so appropriated shall be expended under the direction of the
school committee.
Section 2. Section 2A of chapter 224 of the acts of 1936,
inserted by section 1 of chapter 334 of the acts of 1948, is
hereby amended by inserting after clause (g) the following
clause: —
Acts, 1952. — Chaps. 248, 249, 250. 145
(gyQ The payment, by providing insurance coverage or
otherwise, of the reasonable hospital, medical and surgical
expenses incurred by or in behalf of any student in any of
the pubhc schools of said city by reason of injury sustained
by him while engaged in shop or laboratory work at such
school. Approved April 17, 1952.
An Act providing that certain officers and employees QJidj) 248
OF THE CITY OF LOWELL MAY BE ALLOWED CERTAIN HOLI-
DAYS WITHOUT LOSS OF PAY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provision of any gen-
eral or special law to the contrary, the city council of the
city of Lowell may by ordinance designate such legal holi-
days as they may select, which hoUdays so selected shall be
allowed without loss of pay to laborers, workmen and me-
chanics employed by said city, and to such other classes or
groups of employees and officers of said city as said city
council may specify in such ordinance.
Section 2. This act shall take effect upon its passage.
Approved April 17, 1952.
An Act authorizing the establishment, equipment /^^„„ 040
AND maintenance BY THE METROPOLITAN DISTRICT COM- ^'*'(^V'^^^
MISSION OF PLAY AREAS ON THE STORROW MEMORIAL EM-
BANKMENT.
Be it enacted, etc., as follows:
Section 1. The metropoUtan district commission is
hereby authorized and directed to construct, and to equip
with such structures and facilities as may be necessary to
provide suitable and adequate recreation, play areas for
children along the new Embankment road on the Storrow
Memorial Embankment at or near Granby street in the city
of Boston, and to maintain the same. For such purposes,
said commission shall expend such sums as may be available
to it under the provisions of chapter three hundred and six
of the acts of nineteen hundred and forty-nine, chapter six
hundred and eighty-five of the acts of nineteen hundred and
fifty, or any appropriation heretofore or hereafter made.
Section 2. This act shall take effect upon its passage.
Approved April 17, 1952.
An Act abolishing the board of index commissioners ni.f,^ o^fl
IN the county of SUFFOLK AND TRANSFERRING THE ^"
POWERS AND DUTIES OF SAID BOARD TO THE REGISTER OF
DEEDS IN SAID COUNTY.
Be it enacted, etc., as follows:
Section 1. Section 28 of chapter 36 of the General Laws, g. l. (Xer.
as appearing in the Tercentenary Edition, is hereby amended f^^AcEfd * ^^'
by striking out, in line 1, the words ", except in Suffolk *"""'
146
Acts, 1952. — Chap. 251.
Classified
copies of
indexes.
G. L. (Ter.
Ed.), 36, I 31,
repealed.
Powers and
duties of
board of index
commissioners
transferred.
Effective
date.
county,", — so as to read as follows: — Section 28. Each
register shall annually, at the expense of the county, cause
competent persons to make copies of the indexes of the
preceding year, in which the grantors and grantees shall be
classified by their respective surnames in alphabetical order,
and arranged thereunder in the order in which the deeds and
other conveyances to which they refer were left for record.
He may also cause the Christian names of the grantors and
grantees, as well as their surnames, to be arranged in alpha-
betical order in such lists. Such copies shall in other respects
be in the form required for the original indexes.
Section 2. Section 31 of said chapter 36, as so appearing,
is hereby repealed.
Section 3. The terms of office of the members of the
board of index commissioners in office immediately prior
to the efi"ective date of this act shall terminate on said effec-
tive date, and the employees of said board on said effective
date assigned to work hereafter to come under the supervision
of the register of deeds in Suffolk county as provided by this
act shall be retained by said register for said work, in so far
as said register deems it necessary for the proper exercise and
performance of the powers and duties transferred to him
by this act.
Section 4. This act shall take effect upon its passage.
Approved April 17, 1952.
Chap
,251 An Act relative to the method of assessing the amount
WHICH the commonwealth MAY BE CALLED UPON TO
PAY THE METROPOLITAN TRANSIT AUTHORITY ON ACCOUNT
OF A DEFICIENCY AS OF THE LAST DAY OF DECEMBER,
NINETEEN HUNDRED AND FIFTY-ONE.
Be it enacted, etc., as follows:
Section 1. The seventh paragraph of section 13 of
chapter 544 of the acts of 1947, as most recently amended by
section 1 of chapter 323 of the acts of 1951, is hereby further
amended by inserting after the word "fifty", in line 18, the
words : — or on account of a deficiency as of the last day of
December, nineteen hundred and fifty-one, — so as to read
as follows : —
In case the commonwealth shall be called upon to pay
the authority any amount under this section on account of
a deficiency existing as of the last day of December in the
year nineteen hundred and forty-nine, or as of the last day of
December in any year thereafter, such amount, with interest
or other charges incurred in borrowing the money for the
purpose, shall be assessed upon the cities and towns consti-
tuting the authority as provided by section twenty of chapter
fifty-nine of the General Laws, as amended, in proportion
to the number of persons in said cities and towns using the
service of the authority at the time of said payment, said
proportion to be determined and reported to the state
Acts, 1952. — Chaps. 252, 253. 147
treasurer by the trustees from computations made in their
discretion for the purpose; provided, that any amount
which the commonwealth is called upon to pay the authority
on account of a deficiency as of the last day of December,
nineteen hundred and forty-nine or on account of a deficiency
as of the last day of December, nineteen hundred and fifty
or on account of a deficiency as of the last day of December,
nineteen hundred and fifty-one, with interest and other
charges inciured in borrowing the money for the purpose,
shall be assessed upon the cities and towns constituting the
authority as provided by section twenty of chapter fifty-nine
of the General Laws, as amended, in proportion to the
amounts paid under the last preceding assessment under
section fourteen of chapter one hundred and fifty-nine of
the Special Acts of nineteen hundred and eighteen.
Section 2. This act shall take effect upon its passage.
Approved April 17, 1952.
An Act providing for nominations by preliminary Qhn^ 252
ELECTIONS OF CANDIDATES FOR ELECTIVE MUNICIPAL ^'
OFFICES IN THE CITY OF FITCHBURG.
Be it enacted, etc., asfolloivs:
Section 1. Notwithstanding any provision of the first
paragraph of section forty-four H of chapter forty-three of
the General Laws to the contrary, the city of Fitchburg
shall nominate by preliminary elections candidates for elec-
tive municipal offices in said city, in accordance with sections
forty-four A to forty-four G, inclusive, of said chapter forty-
three.
Section 2. This act shall be submitted to the registered
voters of the city of Fitchburg at the biennial state election
in the current year in the form of the following question
which shall be placed upon the official ballot to be used in
said city at said election: — "Shall an act passed by the
General Court in the year nineteen hundred and fifty-two,
entitled, 'An Act providing for nominations by preliminary
elections of candidates for elective municipal offices in the
city of Fitchburg,' be accepted?" If a majority of the votes
in answer to said question is in the affirmative, this act shall
take full effect, but not otherwise.
Approved April 17, 1952.
An Act requiring red reflectors on certain commer- nhn'n 25S
CIAL MOTOR VEHICLES AND TRAILERS. p.^^OO
Be it enacted, etc., as follows:
Section 7 of chapter 90 of the General Laws, as most g. l. fXpr.
recently amended by chapter 370 of the acts of 1951, is fto:l'am;miI;i.
hereby further amended by striking out the eleventh sen-
tence and inserting in place thereof the following sentence : —
148
Acts, 1952. — Chaps. 254, 255.
vehioles and
trailers,
retiuired .
on'ienain*°" Evcry Commercial motor vehicle or trailer weighing, with
commercial its load, morc than twelve thousand pounds, shall, in addi-
tion to such rear light, be equipped with a red reflector of a
type complying with such minimum standards for con-
struction and performance as the registrar may prescribe, so
placed at the rear of such vehicle as to reflect rays of Ught
thrown upon such reflector from behind.
Approved April 17, 1952.
Chap.254: An Act further regulating the dropping, throwing,
DEPOSITING OR PLACING OF CERTAIN SUBSTANCES LIKELY
TO CAUSE A FIRE.
G. L. (Ter.
Ed.), 148,
§ 54, etc.,
amended.
Penalty for
disposing of
articles likely
to cause fires.
Be it enacted, etc., as follows:
Section 54 of chapter 148 of the General Laws, as amended
by section 2 of chapter 370 of the acts of 1948, is hereby
further amended by inserting after the word ''land", in
line 3, the words : — or open fields, — so as to read as fol-
lows:— Section 6^. Whoever drops or throAvs from any
vehicle while the same is upon a public or private way run-
ning along or near forest land or open fields, or, except as
permitted by law, drops, throws, deposits or otherwise
places in or upon forest land, any hghted cigarette, cigar,
match, live ashes or other flaming or glowing substance, or
any substance or thing which in and of itself is likely to
cause a fire, shall be punished by a fine of not more than one
hundred dollars or by imprisonment for not more than
thirty days. Approved April 17, 1952.
Chap.255 An Act requiring operators of commercial motor
VEHICLES TO GIVE CERTAIN INFORMATION TO INSPECTORS
AND EXAMINERS OF THE COMMERCIAL MOTOR VEHICLE
DIVISION.
Be it enacted, etc., a^ follows:
Section 14B of chapter 159B of the General Laws, inserted
by section 5 of chapter 664 of the acts of 1951, is hereby
amended by striking out, in line 4, the word "the" and in-
serting in place thereof the words: — address and the name
and, — so as to read as follows : — Section l^B. Any person
who, while operating or in charge of a commercial motor
vehicle, refuses, when requested by an investigator or ex-
aminer of the commercial motor vehicle division, to give his
name and address and the name and address of the owner of
such commercial motor vehicle, or who gives a false name or
address, or who refuses or neglects to stop when signalled by
said investigator or examiner who is in uniform or displays
his badge conspicuously on the outside of his outer coat or
garment, or fails or refuses on demand of such investigator
or examiner to produce his Ucense to operate such vehicle,
or his certificate of registration, or to permit such investi-
G. L. (Ter.
Ed.), 159B,
§ 14B, etc..
amended.
Penalty for
refusal to give
certain infor-
mation to
motor vehicle
division.
Acts, 1952. — Chaps. 256, 257. 149
gator or examiner to take the license or certificate in hand
for the purpose of examination, or refuses on demand of such
investigator or examiner to sign his name in the presence of
such investigator or examiner, shall be punished by a fine of
not less than twenty-five dollars nor more than one hundred
dollars. Approved April 17, 1952.
An Act relative to procedure in connection with the Cha7}.256
PARDONING POWER.
FJe it enacted, etc., as folloivs:
Section 152 of chapter 127 of the General Laws is hereby g- l- (Ter.
amended by striking out the second paragraph, as appearing § 152/eto.,
in chapter 42 of the acts of 1951, and inserting in place """"'^'ed.
thereof the following paragraph : —
The commissioner shall, forthwith upon receipt of such ,^''°on1iec*tion
petition, cause copies thereof, together with copies of all with the
statements and signatures appended thereto, to be delivered pow °r°'r"egii-
or mailed to the attorney general, the district attorney in ''*'^'*-
whose district said sentence was imposed, the chief of police
of the municipality where the crime was committed, and the
parole board. Within not less than two weeks and not more
than six weeks from the date of said delivery or mailing the
commissioner shall transmit the original petition, together
with all statements and signatures appended thereto, to the
governor, together with his written recommendation con-
cerning said petition. The attorney general, district attorney,
police chief and the parole board shall each forthwith, upon
receipt from the commissioner of the copy of the said peti-
tion, file with the governor and with the commissioner their
respective written recommendations as to whether or not
said pardon should be granted. Said recommendations
shall be filed with the commissioner by tendering the same
in person or by mailing the same by registered mail, and
upon receipt thereof by the commissioner such recommenda-
tions and the petition to which they relate shall thereupon
become a matter of pubhc record.
Approved April 17, 1952.
An Act relative to the withdrawal from co-opera- CJiqj) 257
tive banks of shares and accounts and interest ^"
and dividends thereon.
Whereas, The deferred operation of this act would tend ^/^ambiT''
to defeat its purpose, which is to allow withdrawals from
co-operative banks of the interest and dividends paid or
credited upon shares or accounts, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section 13 of chapter 170 of the General g^^^- {^"j ^3
Laws, as appearing in section 1 of chapter 371 of the acts of etc., 'amended. '
1950, is hereby amended by adding at the end of paragraph
150
Acts, 1952. — Chap. 257.
Certain
withdrawals
from co-opera-
tive banks,
regulated.
G. L. (Ter.
Ed.), 170, § 17,
etc., amended.
Same subject.
Notice of
withdrawal.
(d) of subsection 1 the following sentence : — In the event
of any withdrawal before maturity of interest or dividends
paid or credited upon serial shares, the remaining with-
drawal value of such shares may, unless withdrawn by the
holder, be transferred by the corporation into paid-up shares
or into a savings share account, or both.
Section 2. Said chapter 170 is hereby further amended
by striking out section 17, as so appearing, and inserting
in place thereof the following section : — Section 1 7. Shares
and accounts and interest and dividends paid or credited
thereon shall be withdrawable on demand subject to the
provisions of this section and of other applicable provisions
of law, and the full value thereof shall be paid, less any
charges legally incurred, and less such part, if any, of the
profits credited to shares on or before December thirty-first,
nineteen hundred and fifty-one, as the by-laws may prescribe.
The corporation may at any time require a shareholder
to give a written notice, not exceeding ninety days, of his
intention to withdraw the whole or any part of his shares
or accounts or to apply for a share loan, and if such notice
is required of ten or more shareholders in any one day it
shall be deemed a general requirement and reported to the
commissioner immediately. The board of directors, with
the approval of the commissioner, or the commissioner in
his discretion, may require not more than six months' notice
of intention to make withdrawals or to apply for share
loans, but no such notice shall be required \\ath respect to
shares or accounts on which notice already shall have been
filed under the preceding sentence. Until any requirement
of notice is removed, (a) no payments on account of with-
drawals or share loans shall be made except to the extent
approved by the commissioner and the board of directors,
and except in the order^of the expiration of the notices;
(6) no loans except share loans as herein hmited shall be
made; and (c) no dividends or interest shall, until the
expiration of the notice period, be paid in cash to the holders
of any shares or accounts on which notice has been filed,
but shall be credited thereto.
The directors at any time may by written order, without
the requirement of notice, provide that not more than one
half of the amount of cash then on hand and in banks and
one half of the funds received thereafter until such order is
rescinded shall be apphed to the payment of the demands of
withdrawing or borrowing shareholders, and such limitations
shall be effective until the rescission of such order by vote
of the board of directors or by direction of the commissioner.
The directors, with the approval of the commissioner,
or the commissioner in his discretion if he deems it to be in
the best interest of all the shareholders, may by written
order, without the requirement of notice, fix a maximum
percentage or amount which may be paid on shares and ac-
counts and on share loans at any one time or during any
period or periods specified in such order.
Acts, 1952. — Chaps. 258, 259. 151
Notwithstanding the provisions of the preceding two
paragraphs, and of the last sentence of section two, and of
the provision contained in the first sentence of section forty-
six for the reduction of liabiUty, interest or dividends paid
or credited upon shares or accounts after December thirty-
first, nineteen hundred and fifty-one shall be withdrawable
on demand, subject only to such notice of intention to
withdraw as from time to time may be required in accordance
with the provisions of the second paragraph of this section.
Section 3. This act shall take effect as of January Effective
first, nineteen hundred and fifty-two. *'"■
Approved April 24, 1952.
An Act authorizing the town of Pembroke to use a qJki^ 258
certain portion of the j. j. shepherd memorial forest ^'
for the erection of a town storage building and
validating a deed heretofore made by the selectmen
conveying a portion thereof.
Be it enacted, etc., as follows:
Section 1. The town of Pembroke is hereby authorized
to use such portion of the town forest lot, known as the
J. J. Shepherd Memorial Forest, adjacent to Mattakeesett
street, as may be determined by the committee of three
appointed under Article forty-two of the annual town meet-
ing held on March third, nineteen hundred and fifty-two,
for the erection of a town storage building, and, after said
determination, the land and the building shall be under the
care and control of the highway surveyor.
Section 2. The action of the selectmen in executing
and delivering to Charles M. Sherman, Theodore A. Sherman
and Allen B, Sherman a deed dated June twenty-fourth,
nineteen hundred and forty-six, and recorded with Plymouth
Deeds, Book nineteen hundred and twenty-six. Page three
hundred and eighteen, conveying a parcel of land containing
twelve acres more or less of the town forest lot, known as the
J. J. Shepherd Memorial Forest, lying westerly from Matta-
keesett street, is hereby validated and confirmed.
Section 3. This act shall take effect upon its passage.
Approved April 24, 1952.
An Act relative to salaries of mayors, city managers, Qhnj) 059
COUNCILLORS AND MEMBERS OF BOARDS OF ALDERMEN. ^'
Be it enacted, etc., as follows:
Section 1. Chapter 39 of the General Laws is hereby g. l. (Xer.
amended by inserting after section 6, as appearing in the np't^'§^6A,
Tercentenary Edition, the following section: — Section 6 A. added.
Notwithstanding the provisions, of any city charter to the miyS cLun-
contrary the mayor and the members of the city council or cuiors, etc.
other legislative body of a city, shall receive for their services
such salary as the city council or other legislative body of
152 Acts, 1952. — Chap. 260.
said city shall by ordinance determine, and shall receive no
other compensation from the city. No increase or reduction
in such salaries shall take effect during the term in which
such increase or reduction is voted, and no change in such
ordinance shall be made between the election of a new
council or other legislative body and the qualification of the
new council or other legislative body. No ordinance provid-
ing for such increase or decrease in said salaries shall take
effect in any city unless it is approved by a majority of the
registered voters of the city voting thereon at the next regu-
lar municipal election.
G. L. (Ter. SECTION 2. Chapter 43 of the General Laws is hereby
uta! added, amended by inserting after section 17 the following section:
Same subject. — Sectionl7A. The mayor or city manager and the mem-
bers of the city council shall receive for their services such
salary as the city council shall by ordinance determine, and
they shall receive no other compensation from the city. No
increase or reduction in the salaries of mayor or city council-
lors shall take effect during the term in which such increase
or reduction is voted, and no change in such salaries shall
be made between the election of a new council and the
quaUfication of the new council. No ordinance providing
for such increase or decrease in the salaries of the mayor or
the members of the city council shall take effect unless it
is approved by a majority of the registered voters of the city
voting thereon at the next regular municipal election.
G. L. (Ter. SECTION 3. Said chapter forty-three is hereby further
62, 78^|'7^and^' amended by striking out sections fifty-one, sixty-two,
loi. stricken geveuty-eight, eighty-seven and one hundred and one.
Subject to Section 4. Notwithstanding the foregoing provisions
approval by of this act any city on or before August fifteenth in the year
voters. nineteen hundred and fiity-two may by ordinance provide
for a salary increase for the mayor and city councillors.
Such ordinance shall be placed on the ballot at the state
election to be held in the year nineteen hundred and fifty-
two and shall take effect on January first in the year nine-
teen hundred and fifty-three if approved by a majority of the
registered voters of the city voting thereon, but not other-
wise. Approved April 24, 1952.
C/iao.260 ^N ^'^ relative to compensation for overtime serv-
ICE IN certain cases BY POLICE OFFICERS OF THE CITY
OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 426 of the acts of 1949
is hereby amended by inserting after the word "parade",
in line 6, the words : — , marathon race, road race or any
public celebration.
Section 2. This act shall take full effect upon its accept-
ance by vote of the city council of said city, subject to the
provisions of its charter, but not otherwise.
Approved April 24, 1952.
Acts, 1952. — Chaps. 261, 262, 263. 153
An Act providing for a presumption that the death Chap.2Ql
OF a certain police officer in the city of boston
occurred in line of duty.
Be it enacted, etc., as follows:
Section 1. For the purposes of section eighty-nine A
of chapter thirty-two of the General Laws, Manassah E.
Bradley, Junior, who, while a police officer of the city of
Boston, died from injuries received through the discharge
of his police revolver, shall, unless the contrary be sho\vn by
competent evidence, be presumed to have died as the natural
and proximate result of an accident occurring while he was
acting in the performance and within the scope of his duty.
Section 2. This act shall take effect upon its acceptance
by the mayor and the city council of the city of Boston.
Approved April 24, 1952.
Chap.262
An Act defining the term "received" as used in the
income tax law.
Be it enacted, etc., as follows:
Chapter 62 of the General Laws is hereby amended by «• l. (Ter.
adding at the end, under the heading definition, the follow- f ei,' add^*
ing section : — Section 61 . Income shall be deemed to be
received within the meaning of the term "received", as " Received -a?
used in this chapter, even though the same is withheld from "ncome tax
the person entitled thereto in payment of or to secure the '**• ^^efined.
payment of any tax imposed by the federal government or
by any state or foreign government.
Approved April 24, 1952.
An Act authorizing the town of danvers to reinstate QJkij) 263
john m. caskin in the employ of said town.
Be it enacted, etc., as follows:
Any provision of law to the contrary notwithstanding,
the town of Danvers may reinstate John M. Caskin as an
employee of said town. Upon such reinstatement he shall
again become a member of the retirement system of said
town, with all the rights and obligations entailed by such
membership as if he had not been retired; provided, that
he shall receive no creditable service from the date of his
retirement to the date of his reinstatement and upon his
subsequent retirement the provisions of paragraph (2) (6)
of section eight of chapter thirty-two of the General Laws,
relative to restoration to service of members retired for
disability shall apply whether or not such subsequent retire-
ment is for disability. Approved April 24, 1952.
154 Acts, 1952. — Chaps. 264, 265, 266.
Chap.2Q4: An Act requiring owners of tenement and apartment
HOUSES IN THE CITY OF BOSTON TO PROVIDE AND MAINTAIN
THEREFOR SUITABLE RECEPTACLES FOR ASHES, GARBAGE,
REFUSE AND OTHER LIKE MATTER.
Be it enacted, etc., as follows:
Section 1. The owner of every tenement and apart-
ment house in the city of Boston shall provide and maintain
therefor suitable covered water-tight metal receptacles for
garbage, unless there is installed and maintained in such
tenement or apartment house other means for the immediate
disposal of garbage, and shall provide and maintain therefor
suitable metal receptacles for ashes, refuse and other like
matter.
Section 2. Violations of this act shall be punished by a
fine not exceeding twenty dollars for each offence.
Section 3. This act shall take effect upon its acceptance
by vote of the city council of the city of Boston, subject to
the provisions of its charter, but not otherwise.
Approved April S4, 1952.
Chap.2Q5 An Act authorizing the county commissioners of
ESSEX county to EXPEND AN ADDITIONAL SUM OF MONEY
FOR THE ERECTION AIS;D EQUIPMENT OF A CERTAIN COURT
HOUSE IN THE CITY OF LAWRENCE.
Be it enacted, etc., as follows:
The county commissioners of Essex county are hereby
authorized to expend a sum not exceeding fifty thousand
dollars, in addition to the amount authorized by chapter
seven hundred and fifty-nine of the acts of nineteen hundred
and fifty, for the erection, originally equipping, and land
damages, if any, of a court house with adequate quarters for
the district court and the registry of deeds, located within
a radius of one quarter of a mile from the present existing
district court house in the city of Lawrence.
Approved April 24, 1952.
Chap.2QQ An Act defining *' non-resident" and "owtster" as
USED IN THE LAWS PERTAINING TO MOTOR VEHICLES.
Be it enacted, etc., as follows:
Edj,'9o!l"i, Section 1. Section 1 of chapter 90 of the General Laws
amended. ' is hereby amended by striking out the definition of "Non-
resident", as appearing in the Tercentenary Edition, and
inserting in place thereof the following : —
de^t^'deTned. " Non-resideut ", any person whose legal residence is not
within the commonwealth, but not including any person who
has a place of business within the commonwealth and uses
motor vehicles or trailers in connection with said place of
business.
Acts, 1952. — Chap. 267. 155
Section 2. Said section 1 of said chapter 90 is hereby EdVqo^T'i
further amended by inserting after the definition of "Opera- further'
tor", as so appearing, the following definition: — amended.
"Owner" shall include, but not be restricted to, any "Owner"
lessee or bailee of a motor vehicle registered in another state "defined.
or country, and having exclusive use thereof under lease or
otherwise for a period greater than thirty days in the aggre-
gate within a calendar year. Approved April 2 If, 1952.
An Act providing for the recognition of certain Chap. 267
JANITORIAL SERVICES RENDERED IN THE BOSTON PUBLIC
SCHOOLS AS CREDITABLE SERVICE UNDER CERTAIN RE-
TIREMENT SYSTEMS.
Be it enacted, etc., as follows:
Section 1. Any person who, on the effective date of this
act, is a member of the Boston retirement system or of the
State-Boston retirement system, and who, at any time
between February first, nineteen hundred and twenty-three
and September first, nineteen hundred and forty-three,
rendered janitorial service in a public school of the city of
Boston for which he was paid by the custodian of such
school may, within three years from said effective date or
such further time as the Boston retirement board, in the
event of obvious hardship, may in its discretion allow, pay
into the annuity savings fund of the retirement system of
which he is a member, in one sum, or in instalments upon
such terms and conditions as said retirement board may
prescribe, make-up payments in a sum equal to the amounts
which, under the Boston retirement act, would have been
withheld from his compensation for services so rendered
during said period had he been an employee of the city of
Boston and a member of the Boston retirement system,
together with regular interest thereon. Upon the completion
of such make-up payments, such member shall receive the
same credit for services so rendered as would have been
allowed had such services been rendered by him as an em-
ployee of the city of Boston. In the event any retirement
allowance becomes effective prior to the completion of such
make-up payments, such member shall, in addition to
credit for his actual membership service, be entitled to
credit for that proportion of service rendered by him as
aforesaid which the total amount of his make-up payments
actually made, together with regular interest thereon to
the date his retirement allowance becomes effective, bears
to the total amount of what his make-up payments, together
with regular interest thereon to such latter date, would
have been had he made payment thereof in one sum on such
latter date.
Section 2. This act shall take full effect upon its ac-
ceptance during the current year by vote of the city council
of the city of Boston, with the approval of its mayor, but
not otherwise. Approved April 24, 1952.
156
Acts, 1952. — Chaps. 268, 269.
G. L. (Ter.
Ed.). 147,
new § 17A,
added
Days off or
extra pay
for police
in certain
cities and
towns.
Chap. 268 An Act providing that police officers of certain
CITIES AND towns SHALL BE GIVEN AN ADDITIONAL DAY
off duty or, UNDER CERTAIN CIRCUMSTANCES, AN ADDI-
TIONAL day's pay when they are REQUIRED TO WORK
ON CERTAIN LEGAL HOLIDAYS.
Be it enacted, etc., as follows:
Chapter 147 of the General Laws is hereby amended by
inserting after section 17 the following section: — Sec-
tion 17 A. If any police officer of a city or town is required
to work on January first, February twenty-second, April
nineteenth, May thirtieth, July fourth, the first Monday of
September, October twelfth, November eleventh, Thanks-
giving day or Christmas day, or the day following when
any of the five days first mentioned, or October twelfth,
November eleventh or Christmas day, occurs on Sunday,
he shall be given an additional day off, or, if such additional
day off cannot be given because of personnel shortage or
other cause, he shall be entitled to an additional day's pay;
provided, that, in the case of a police officer who works five
or more days a week, and whose regular day off falls on any
of the aforementioned holidays except when such holiday
occurs on Saturday, an additional day shall be allowed, or
payment in lieu of one day shall be allowed. This section
shall take effect in a city having a Plan E charter when
accepted by the affirmative vote of a majority of the city
council, and in the case of other cities by vote of the city
council, subject to the provisions of its charter, and in a
town by a majority vote at an annual town meeting.
Approved April 24, 1952.
Chap.2Q9 An Act extending the operation of an act to provide
FOR THE SAFETY OF THE COMMONWEALTH DURING THE
EXISTENCE OF AN EMERGENCY RESULTING FROM DISASTER
OR FROM HOSTILE ACTION.
Be it enacted, etc., as follows:
Section 22 of chapter 639 of the acts of 1950 is hereby
amended by striking out, in line 4, the word "fifty-two"
and inserting in place thereof the word: — fifty-three, —
so as to read as follows: — Section 22. This act or any part
hereof shall become inoperative by the adoption of a joint
resolution to that effect by the house and senate acting con-
currently or in any event on July first, nineteen hundred and
fifty-three. Approved April 24, 1952.
The Commonwealth of Massachusett.s,
Executive Department, State House,
Boston, May 13, 1952.
The Honorable Edward J. Cronin, Secretary of the Comniomvealth,
Slate Hotise, Boston, Massachusetts.
Dear Mr. Secretary: — I, Paul A. Dever, pursuant to
the provisions of Article 48 of the Amendments to the Con-
Acts, 1952. — Chap. 270. 157
stitution, The Referendum, II, Emergency Measures, hereby
declare that in my opinion the immediate preservation of
the public peace, health, safety and convenience requires
that the law entitled, "An Act extending the Operation of
an Act to Provide for the Safety of the Commonwealth dur-
ing the Existence of an Emergency resulting from Disaster
or from Hostile Action" and the enactment of which re-
ceived my approval on April 24, 1952, should take effect
forthwith.
I further declare that in mj^ opinion said law is an emer-
gency law and the facts constituting the emergency are as
follows :
Postponement of the operation of this act for 90 days
would leavp the Commonwealth and its cities and towns
without Civil Defense Organizations for almost a month
during a period of National emergency and would seriously
interfere with a program on the part of the State Civil
Defense Agency and many local agencies of procuring vital
civil defense materials, equipment and supphes much of
which is already on order and which they must be ready to
receive and store when shipped.
Very truly yours,
Paul A. Dever,
Governor.
Office of the Secretary, Boston, May 13, 1952.
I, Edward J. Cronin, hereby certify that the accompany-
ing statement was filed in this office by His Excellency the
Governor of the Commonwealth of Massachusetts at ten
o'clock and forty-five minutes, a.m., on the above date, and
in accordance with Article Forty-eight of the Amendments
to the Constitution said chapter takes effect forthwith, being
chapter two hundred and sixty-nine of the acts of nineteen
hundred and fifty-two.
Edward J. Cronin,
Secretary of the Commonwealth.
An Act relative to the care and treatment of tuber- Chav 270
CULOSIS.
Whereas, The deferred operation of this act would tend ^rTambi""^
to defeat its purpose, which is in part to make immediately
operative certain amendments to the laws relative to the
care and treatment of tuberculosis, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Chapter 111 of the General Laws is hereby q. l. (Xer.
amended by striking out section 65, as most recently amended ^do- ^^^'
by section 1 of chapter 562 of the acts of 1951, and inserting amended.'
158
Acts, 1952. — Chap. 270.
Preference in
admissions
to Rutland
state sana-
torium.
G. L. (Ter.
Ed.), 111.
§ 66, etc.,
amended.
Charges for
support of
inmates in
state sana-
toria.
G. L. (Ter.
Ed.). HI,
§ 76, etc.,
amended.
in place thereof the following section : — Section 65. Unless
the commissioner considers that an exception should be
made, citizens of the commonwealth shall be given preference
in the admission of persons to the Rutland state sanatorium,
and no person shall be admitted thereto who has not been a
resident of the commonwealth for at least six months pre-
ceding the date of his application for admission.
Section 2. Said chapter 111 is hereby further amended
by striking out section 66, as most recently amended by
section 2 of said chapter 562, and inserting in place thereof
the following section : — Section 66. The charges for the
support of each inmate in a state sanatorium shall be fixed
by the department and shall be paid quarterly. Such
charges for those not having known settlements in the com-
monwealth shall be paid by it, and may afterward be re-
covered by the state treasurer of the inmates, if they are
able to pay, or of any person or kindred bound by law to
maintain them, or of the place of their settlement subse-
quently ascertained ; but for those having known settlements
in the commonwealth, the charges shall be paid either by
the persons bound to pay them or by the town where such
inmates had their settlement, unless security to the satis-
faction of the commissioner is given for their support. If
any person or town refuses or neglects to pay such charges
the state treasurer may recover the same to the use of the
sanatorium. A town which pays the charges for the support
of an inmate of a state sanatorium shall have hke rights
and remedies to recover the amount thereof, with interest
and costs, from the town of his settlement or from such
person of sufficient ability, or from any person bound by
law to maintain hun, as if such charges had been incurred
in the ordinary support of such inmate. If in any case the
charges, as established by this section, for the support of an
adult inmate are not paid in accordance with this section
by the inmate or by the persons bound to pay them and a
town becomes liable to pay them, such town shall be liable
to pay such sum, in addition to such charges, as shall be
fixed by the department. In such a case, the provisions
of this section relative to the recovery of charges by the state
treasurer, and by a town from the town of settlement, shall
apply to the recovery of such total amount. This section
shall not apply to patients received under any contract
made under authority of section seventy-nine. In all pro-
ceedings under this section, the sworn written statement of a
person that he is the superintendent of a state sanatorium
or that he keeps or has custody of records of accounts of
inmates thereof, and that a certain person has been an in-
mate therein during a certain period at a certain charge
and that no satisfactory security was given shall be prima
facie evidence of the said facts.
Section 3. Said chapter 111 is hereby further amended
by striking out section 76, as most recently amended by
section 3 of said chapter 562, and inserting in place thereof
Acts, 1952. — Chap. 270. 159
the following section: — Section 76. Every town placing Towns to
its patients suffering from tuberculosis in a county, municipal sfdks fron'r
or incorporated tuberculosis hospital in the commonwealth, ^J'^^^^j'^'J,"}™"""
or in a building or ward set apart for such patients by a cp'r'tain ""^
county, municipal or incorporated hospital therein, shall be p^"«"**
entitled to receive from the commonwealth a subsidy of
five dollars a week for each patient who has a legal settle-
ment therein, provided that such patient is unable to pay
for his support, and that his kindred bound by law to main-
tain him are unable to pay for the same; but a town shall
not become entitled to this subsidy unless, upon examination
authorized by the department, the sputum of such patient
be found to contain bacilU of tuberculosis, nor unless the
hospital building or ward be approved by it, and it shall
not give such approval unless it has by authority of law,
or by permission of the hospital, full authority to inspect the
same at all times. The department may at any time with-
draw its approval. In the case of hospitals having a bed
capacity which, in the opinion of the department, is in
excess of the number of beds needed for the locaUties which
these institutions serve for patients exhibiting tubercle
bacilli in their sputum, the subsidy above provided shall be
allowed for such patients not exhibiting tubercle bacilU
in their sputum as, in the joint opinion of the superintendent
or medical director of the institution and of a member of the
department designated by the commissioner, are bona fide
cases of pulmonary tuberculosis and have been in the in-
stitution more than thirty days.
Section 4. Said chapter 111 is hereby further amended Ed.V.nr
by striking out section 77, as most recently amended by § '^'^''f'r
section 4 of said chapter 562, and inserting in place thereof '*"*"" ^
the following section: — Section 77. The department shall f^X*."^
certify, in the case of each hospital, building or ward ap-
proved by it, as provided in the preceding section, the num-
ber of patients for whom the town is entitled to the subsidy,
and upon such certification the subsidy shall be paid by the
commonwealth. No claim shall be allowed for a subsidy
covering more than ten days prior to the date when notice
of the claim is received by the department.
Section 5. Said chapter 111 is hereby further amended EdKiTr§78,
by striking out section 78, as most recently amended by etc!. 'amended.'
section 5 of said chapter 562, and inserting in place thereof
the following section: — Section 78. The county commis- Hospital care
sioners of each county in the conamonwealth shall provide, pTrJo"!'""
as required by sections seventy-eight to ninety, inclusive, f^y^^'^pu^j.
adequate hospital care for all persons having settlements in monary
towns having less than one hundred thousand population tubercuios.i..
as determined by the last national census, within the bounda-
ries of their respective counties, irrespective of the residence
of such persons, and all residents therein having no settle-
ment within the commonwealth, who are suffering from
pulmonary tuberculosis, who need such hospital care and
for whom adequate hospital provision does not already exist.
160
Acts, 1952. — Chap. 270.
G. L. (Ter.
Ed.), 111. § 80,
etc., amended.
"Adequate"
hospital pro-
vision, term
defined.
G. L. (Ter.
Ed.), Ill, § 85,
etc., amended.
Apportion-
ment of costs
of mainte-
nance, etc.
and in any such case the tuberculosis hospital in said county
shall be deemed to serve each town in the hospital district
in said county with respect to the persons for whom hospital
provision is required to be provided as aforesaid; provided,
that the county commissioners of any county electing so to
do shall provide by contract in accordance with section
seventy-nine adequate hospital care, as required by sections
seventy-eight to ninety, inclusive, for all persons residing in
like towns within the boundaries of their county who are
suffering from pulmonary tuberculosis, who need such
hospital care and for whom adequate hospital provision
does not already exist.
Section 6. Said chapter 111 is hereby further amended
by striking out section 80, as most recently amended by
section 6 of said chapter 562, and inserting in place thereof
the following section: — Section 80. "Adequate" hospital
provision for tubercular patients within the meaning of
sections seventy-eight to ninety-one, inclusive, shall be held
to mean at least one such hospital bed for each four deaths
from tuberculosis in the district served by such hospitals, as
determined by computing the average number of deaths
from tuberculosis per annum for the years nineteen hundred
and sixteen to nineteen hundred and twenty, inclusive, in the
communities served by such hospitals, and by a similar
quinquennial computation by the department thereafter.
Section 7. Said chapter 111 is hereby further amended
by striking out section 85, as most recently amended by sec-
tion 7 of said chapter 562, and inserting in place thereof the
following section: — Section 85. The county shall provide
for the maintenance, operation and repair of said hospital,
which shall, for the purposes of this section and section
eighty-five A, include the maintenance, operation and repair
of any preventorium erected by said county in accordance
with section eighty-five B and also the cost of its construc-
tion and original equipment except when the cost of its con-
struction, original equipment, maintenance, operation or
repair is provided under said section eighty-five B to be paid
from appropriations, and shall for said purposes include the
establishment and maintenance of out-patient departments
and the furnishing of supplementary diagnostic service under
section eighty-five C; provided, that the expenditure of
money for the purposes of this section shall be limited to
such amounts as may be authorized by the general court.
Every town shall pay to the county the sum of ten dollars
and fifty cents per week for each person admitted from such
town to said hospital in accordance with section eighty-eight.
The county commissioners shall annually in January appor-
tion the balance of the cost of the maintenance, operation
and repair of said hospital, including interest paid or due on
temporary notes issued therefor, for the previous year to the
towns situated in the district, so that sixty-five per cent of
such balance shall be apportioned on the basis of valuation
as used in assessing county taxes and thirty-five per cent
Acts, 1952. — Chap. 270. 161
thereof shall be apportioned to such towns only as have had
patients in said hospital during said year and in such pro-
portion as the number of patient days chargeable to any
town bears to the total number of patient days of all patients
in said hospital during said year; and shall issue their war-
rants against the towns for the amount for which they are
severally assessed to pay for the maintenance, operation and
repair of said hospital. The county may, thirty days after
a written demand for payment, recover in contract against
any town hable to pay any part of the cost of construction
or of the maintenance, operation and repair of said hospital
the amount for which it may be liable. County commis-
sioners of counties whose patients are cared for by contract
under section seventy-nine may raise and expend the sums
necessary to carry out the provisions thereof, and may bor-
row the same on the credit of the county, and issue therefor
notes of the county, payable, in not more than eighteen
months from their respective dates of issue, from the reim-
bursements received from said towns. They shall annually
in January determine the total amount already expended by
or due from the county under such contracts during the
previous year, and shall apportion the same to and may col-
lect the same from the several towns liable, in like manner as
in counties having their own hospitals, and the same shall be
applied to the payment of the temporary debt incurred by
said counties.
Section 8. Said chapter 111 is hereby further amended KdV iTr§88
by striking out section 88, as most recently amended by sec- etc!/amendcd. '
tion 8 of said chapter 562, and inserting in place thereof the
following section : — Section 88. Patients shall be admitted o/'p^'tipnt"
to said hospitals through application by the boards of health
of the towns served by such hospitals, and all patients shall
be admitted in the order of their application. Upon the
request of any registered physician the board of health shall
forward forthwith to the hospital an appHcation for admis-
sion of any person found to be afflicted with pulmonary
tuberculosis; provided, that if a person found to be so
afflicted resides in a town in the hospital district of a county
where admission of patients is based on their place of settle-
ment and has a settlement in a town in the hospital district
of another such county, the board of health of the town where
such person resides shall give notice of the case to the board
of health of the town of settlement which shall make appli-
cation for the admission of such person to the hospital serv-
ing the town of settlement. The charge for the support of a
patient in any of said hospitals shall be paid by the town
sending him to the hospital except that, if the patient has
no known settlement in the commonwealth, the charge shall
be paid by it, upon the approval of the bills by the depart-
ment of public welfare, in the manner provided by section
one hundred and sixteen. Such charges may afterward be
recovered by the town or by the state treasurer, as the case
may be, from the patient, if he is able to pay, or from any
162
Acts, 1952. — Chap. 271.
G. L. (Ter.
Ed.), Ill, new
§ 88B, added.
Admission
of certain
patients.
ICffective
date.
person or kindred bound by law to maintain him, in the
manner provided by section sixty-six for the recovery of un-
paid charges for the support of inmates of the state sanatoria.
Patients may be discharged only in accordance with rules
and regulations established by the medical staff of the
hospital and approved by the superintendent thereof.
Section 9. Said chapter 111 is hereby further amended
by inserting after section 88A, repealed by section 9 of said
chapter 562, the following section: — Section 88B. If a
person, residing in a town in the hospital district of a county
where admission of patients is based on their place of settle-
ment and having a settlement in a town in the hospital dis-
trict of another such county, is found to be afflicted with
pulmonary tuberculosis and his case is, in the opinion of the
superintendent of the hospital in whose district he resides,
an emergency one, he may be admitted to the hospital on
application of the board of health of the town in which he
resides and the town of settlement shall be liable to the town
of residence at the rate of six dollars for each day while such
person is a patient at such hospital. The period of such
emergency and hospitalization shall be determined by the
superintendent of the hospital. Whenever accommodations
are available, patients not entitled to be admitted under
section eighty-eight and not emergency cases may be ad-
mitted on terms approved by the trustees but not at rates
lower than the total approximate cost for patients entitled
to be admitted under section eighty-eight.
Section 10. This act shall take effect as of January first,
nineteen hundred and fifty-two.
Approved April S9, 1952.
Chap. 27 \ An Act authorizing the town of pepperell to pay a
SUM OF money to EDWIN E. ITEN.
Be it enacted, etc., as follotos:
Section 1. Notwithstanding any provision of general or
special law to the contrary, the town of Pepperell, in order
to discharge a moral obligation, may pay to Ed^vin E. Iten
of said town, from funds already appropriated therefor, an
amount not exceeding two thousand eight hundred and six-
teen dollars for work done and to be done in repairing and
reconstructing Prescott Hall in said town, the claim for
which amount is legally unenforceable by reason of failure
of said town to comply with the provisions of law relative to
the letting of special contracts.
Section 2. The payments authorized to be made under
section one are not to be made unless and until the project
in connection with which such work was done is completed.
Section 3. This act shall take effect upon its passage.
Approved May 5, 1952.
Acts, 1952. — Chaps. 272, 273. 163
An Act authorizing the town of pepperell to pay a Chap. 272
SUM OF MONEY TO KENNETH DAVIS.
Be it enacted, etc., asfolloivs:
Section 1. Notwithstanding any provision of general or
special law to the contrary, the town of Pepperell, in order
to discharge a moral obligation, may pay to Kenneth Davis
of said town, from funds already appropriated therefor, an
amount not exceeding one thousand dollars for work done
and to be done in repairing and reconstructing Prescott Hall
in said town, the claim for which amount is legally unen-
forceable by reason of failure of said town to comply with
the provisions of law relative to the letting of special con-
tracts.
Section 2. The payments authorized to be made under
section one are not to be made unless and until the project
in connection with which such work was done is completed.
Section 3. This act shall take effect upon its passage.
Approved May 5, 1952.
An Act authorizing the city of Worcester to borrow Chap. 21^
money for school purposes.
Be it enacted, etc., as follows:
Section 1. The city of Worcester may borrow from time
to time, within a period of five years from the passage of
this act, such sums as may be necessary, not exceeding, in
the aggregate, nine hundred thousand dollars for the purpose
of acquiring any necessary land by purchase or eminent
domain and for constructing a school building or buildings
on land on the westerly side of Prescott street in said city,
including the cost of any surveys, architectural and engi-
neering services, and landscaping and originally equipping
and furnishing said school building or buildings, and may
issue bonds or notes therefor which shall bear on their face
the words, Worcester Industrial School Building Loan, Act
of 1952.
Each authorized issue shall constitute a separate loan,
and such loans shall be payable in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory Umit provided by
chapter forty-four of the General Laws, but shall, except
as provided herein, be subject to the provisions of said
chapter forty-four, excluding the limitation contained in the
first paragraph of section seven thereof, and shall be in
excess of the amount authorized by chapter two hundred
and eleven of the Special Acts of nineteen hundred and
sixteen, as amended by chapter one hundred and thirty-
eight of the acts of nineteen hundred and twenty.
Section 2. This act shall take effect upon its passage.
Approved May 6, 1952.
164 Acts, 1952. — Chaps. 274, 275, 276.
Chap. 214: An Act increasing the amount of money that the town
OF FALMOUTH MAY BORROW FOR SEWERAGE PURPOSES.
Be it enacted, etc., as follows:
Section 1. Section 6 of chapter 288 of the acts of 1928 is
hereby amended by striking out the first sentence, as most
recently amended by section 3 of chapter 153 of the acts of
1947, and inserting in place thereof the following sentence: —
For the purpose of paying the necessary expenses and liabil-
ities incurred or to be incurred by said town under this act,
it may borrow, outside the debt limit, from time to time,
within five years from January first, nineteen hundred and
fifty-two, such sums as may be necessary, not exceeding, in
the aggregate, seven hundred and fifty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Falmouth Sewer Loan, Act of 1928.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1952
Chap.275 An Act authorizing the town of ludlow to use cer-
tain PARK LAND FOR HIGHWAY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Ludlow is hereby authorized to
use for highway purposes that portion of the real estate situ-
ated in said town and known as Memorial Park which is held
by it for public park purposes by virtue of the conveyance to
it from Edwin Farnham Greene, et als. Trustees of Ludlow
Manufacturing Associates by instrument dated April 25,
1924, and recorded in Hampden Registry of Deeds, Book
1234, Page 129, and bounded and described as follows: —
Beginning at a point in the easterly side of Chestnut street,
said point being the northerly corner of a way, known as
Chestnut Place, and running northerly by said easterly side
of Chestnut street 50 feet; thence turning at an angle of 90
degrees and running easterly 275.44 feet to the westerly side
of Sewall street; thence turning and running southerly by
said westerly side of Sewall street 50 feet to an iron bar at
land now or formerly of Pendrak ; thence turning an angle of
90 degrees and running westerly by said land now or form-
erly of Pendrak and by the northerly side of said Chestnut
Place 275.44 feet to the point of beginning.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1952.
Chap.27G An Act relative to the disposal of obsolete and use-
less PAPERS AND RECORDS IN THE CUSTODY OF CLERKS
OF THE COURTS OP THE COMMONWEALTH.
Be it enacted, etc., as follows:
Ed^.S'" Section 1. Section 27A of chapter 221 of the General
§ 27A, etc.. Laws, as most recently amended by chapter 150 of the acts
amence . ^^ 1946, is hereby further amended by striking out sub-
division (1) and inserting in place thereof the following: —
Acts, 1952. — Chaps. 277, 278. 165
(1) Any cause to which the papers relate, if they relate to Disposal
a cause, shall have been finally disposed of for more than "ourt rec°ords.
twenty years, and any criminal complaint which shall have
been disposed of by being placed on file, as provided in sec-
tion thirty-eight of chapter two hundred and eighteen, and
shall have remained on file for more than twenty years.
Section 2, This act shall take effect upon its passage.
Approved May 5, 1952.
An Act authorizing the town of marshfield to appro- nh„jy 277
PRIATE AND PAY A SUM OF MONEY TO LAWRENCE M. SINNOTT. ^ '
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obli-
gation, the town of Marshfield is hereby authorized to pay
to Lawrence M. Sinnott of said town, father of Jacqueline
Sinnott, in reimbursement for expenses of medical care
incurred by him on account of injuries sustained by his
minor daughter, Jacqueline Sinnott, who suffered the loss
of use of both eyes while in the chemical laboratory of the
high school of said town, the sum of three thousand five
hundred dollars.
The town of Marshfield is further authorized to appro-
priate and pay an annuity for life of the sum of one thousand
two hundred dollars, the same to be paid in equal monthly
installments to Lawrence M. Sinnott for the benefit of Jac-
queline Sinnott through her minority and thereafter to
Jacquehne Sinnott in her own right.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1952.
An Act relative to the laying of certain water mains z^/,^^ 278
BY THE board OF WATER COMMISSIONERS IN THE TOWN ^'
OF MAYNARD.
Be it enacted, etc., as follows:
Section 1. The board of water commissioners in the
town of Maynard, hereinafter referred to as the board, is
hereby authorized to lay water mains in such private ways
within the limits of said town as are laid out by the owners
of such ways for use in connection with housing projects
undertaken by them.
Section 2. Owners of such private ways may apply to
the board for the laying therein of water mains, and such an
application shall contain such information, including plans,
as the board may require. Upon receipt of an appUcation
hereunder, the board shall make an estimate of the cost of
the work to be done by it, and shall notify the appficant of
the amount of such estimate. Thereupon the applicant shall
pay the amount of the estimate to the town treasurer of said
town, who shall hold the same in a separate account and pay
therefrom the cost of the work as certified to him from time
166 Acts, 1952. — Chap. 279.
to time by the board. In case the cost of such work exceeds
the cost estimated by the board, the work shall cease until
the additional cost has been estimated by the board and the
amount thereof has been paid to said town treasurer, which
additional amount shall be held and used in the same man-
ner as the amount paid on the original estimate. No work
shall be done by the board hereunder until the payments due
from the applicant have been paid to said town treasurer, nor
until the applicant has granted to the said town such ease-
ments and other rights as may be necessary in carrying out
the purposes of this act. In case the cost of the work is less
than the cost estimated by the board, the difference shall be
refunded to the applicant. This act shall be construed so as
to require the installation and extension of six-inch mains.
The applicant may make the extension provided he emplo}'s
a contractor acceptable to the board. A proposal must be
submitted by the contractor to the board in writing stating
in detail the unit prices of the work to be performed and the
material to be used. All work shall be done under the direct
supervision of the board or its duly authorized agent.
Section 3. After the completion of the work of laying
water mains in any private way as provided by this act,
said towm, acting by and through the board, shall apportion
the cost of such installations and extensions to each of the
lots to be served by such water installation or extension.
Thereafter, said board shall refund to the owner of such way
the money paid by him to the town treasurer, less any sum
refunded to him under section two, with the following ex-
ceptions: As each home is ready for occupancy the appli-
cant shall be refunded an amount equal to fifty per cent of
the total cost of the extension apportioned to said lot ac-
cording to the frontage of the lot. The o^mer of said way
shall bear one hundred per cent of the cost in excess of one
hundred feet of any lot. If the first lot is in excess of one
hundred feet from the existing main the owner of the way
shall bear one hundred per cent of the cost of the extension
to the first lot. No refunds shall be made in the case of
dwellings erected and so connected after the expiration of
ten years from the completion of the water main with which
they are connected. Said town shall appropriate such sums
of money as may be necessary to make such refunds.
Section 4. This act shall take effect upon its passage.
Approved May 5, 1952.
Chap. 21^ An Act authorizing the city of malden to pay thomas
R. kelliher a salary as a teacher while temporarily
engaged as a reserve officer in the tJNITED STATES
military SERVICE.
Be it enacted f etc., as follows:
Section 1. The city of Maiden is hereby authorized to
pay Thomas R. Kelliher, a teacher in the public schools of
said city, the sum of four hundred and forty-one dollars and
Acts, 1952. — Chap. 280. 167
twenty-eight cents, which sum was deducted from his salary
while engaged as a reserve officer in the military service of
the United States during the years nineteen hundred and
forty-seven through nineteen hundred and fifty, inclusive.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1952.
An Act establishing a selectmen-manager form of Chav.2S^
GOVERNMENT FOR THE TOWN OF CONCORD.
Be it enacted, etc., as follows:
Section 1. Elected Officials. — At the first town election
following the acceptance of this act the registered voters
of the town of Concord shall elect the following officials : —
(a) A moderator for a term of one year;
(6) Two selectmen for terms of three years each, two se-
lectmen for terms of two years each and one selectman for
a term of one year;
(c) Two members of the school committee for terms of
three years each, two members for terms of two years each
and one member for a term of one year. At each annual
town election thereafter a moderator shall be elected for a
term of one year and selectmen and members of the school
committee for terms of three years to replace those whose
terms expire. When a vacancy occurs in the office of select-
men, the remaining selectmen may at any time prior to the
next annual town election appoint a qualified person to
serve as selectman until such election, at which election the
voters shall elect a selectman to serve for the unexpired por-
tion, if any, of the original term. The powers, duties and
responsibilities of elected officials shall be as now or hereafter
provided by applicable statutes and by-laws and votes of
the town, except as herein otherwise provided.
Section 2. Appointed Oficials. — (a) The selectmen shall
appoint a town manager as provided in section five, who may
thereafter be removed as provided in section seven.
(6) The selectmen shall appoint a hbrary committee, a
planning board, a board of appeals, a town accountant,
trustees of town donations, a personnel board, election
officers, registrars of voters other than the town clerk and
such other officers, boards and committees as they shall
hereafter be directed to appoint by by-law or vote of the
town. The selectmen may, by majority vote, undertake an
investigation of the affairs of any committee, board or
official appointed by them or by the town manager, and
they shall have access to all records and other documents
which they may deem necessary or desirable for this purpose.
The selectmen may remove, after such hearing as the select-
men may deem advisable, any of the officers, boards or com-
mittees appointed by them under the provisions of this
paragraph, or any member thereof, other than the town
clerk.
168 Acts, 1952. — Chap. 280.
(c) The moderator shall appoint a finance committee and
such other officers, boards and committees as he shall here-
after be directed to appoint by by-law or vote of the town.
(d) The town manager shall appoint, upon merit and
fitness alone, and may remove for cause : —
(1) A town clerk, a town treasurer, a town collector and
a board of three assessors, subject however, in each instance,
to the approval of the selectmen;
(2) All other officers, boards, committees and employees
of the town, with the exception of the elected officials speci-
fied in section one, officials, boards and committees appointed
by the school committee and by the selectmen and modera-
tor as hereinbefore in this section provided and employees
of the same.
Section 3. Membership; Terms; Powers, Duties, Re-
sponsibilities; Termination. — The membership of boards
and committees appointed as provided in section two, the
length of the term of each member thereof and of officers so
appointed, and the powers, duties and responsibilities of the
same shall be as now or hereafter provided by applicable
statutes and by-laws and votes of the town, except as herein
otherwise provided. Upon appointment and qualification of
the various officials as provided for in section two, the term
of office and all powers and duties of each person theretofore
holding each such office shall cease and be terminated.
Section 4. AhiUiple Officers. — Neither the moderator
nor any member of the board of selectmen, the school com-
mittee, or the finance committee may, during the term for
which he was elected or appointed, be elected or appointed
to any other town office, except as otherwise provided herein.
Any person appointed by the town manager to any town office
under the provisions of this act or of any other statute of the
commonwealth shall be eligible during the term of said office
to appointment to any other town office, except that the town
accountant shall not be eligible to hold the position of town
treasurer or of town collector. Subject to the approval of
the selectmen, the town manager may assume the powers,
duties and responsibiUties of any officer, board or committee
which he is authorized to appoint, such assumption to be
evidenced by and effective upon the filing with the town
clerk of a written declaration of such assumption signed by
the town manager, and thereupon each officer, board or
committee whose powers, duties and responsibilities are
so assumed by the to\\Ti manager shall be discharged and
shall have no further powers, duties or responsibiUties as
such.
Section 5. Appointment of Tovm Manager. — The se-
lectmen elected as provided herein shall appoint, as soon as
practicable, for a term of three years, a town manager who
shall be a person especially fitted, in their opinion, by edu-
cation, training and experience to perform the duties of the
office. The town manager shall be appointed without re-
gard to his poUtical beliefs. He need not be a resident of the
Acts, 1952. — Chap. 280. 169
town when appointed, but shall be a resident of the town
during his term of ofhce. No holder of elective office in the
town shall within two years of holding of such office be
eligible for appointment as town manager. The town man-
ager may be appointed for successive terms of office. Before
entering upon the duties of his office, he shall be sworn, in
the presence of a majority of the selectmen, to the faithful
and impartial performance thereof by the town clerk or by
a justice of the peace or notary public. He shall execute a
bond in favor of the town for the faithful performance of
his duties in such sum and with such sureties as may be fixed
or approved by the selectmen.
Section 6. Appoiriiment of a Temporary Town Manager.
— In the event of the temporary absence or disability of the
town manager, he may appoint, subject to the approval of
the selectmen, a suitable person to perform the duties of
the manager during such absence or disability. If the town
manager fails to make such appointment or the person so
appointed fails to serve, the selectmen may appoint a suit-
able person, who may be a selectman, to perform such duties.
In the event of any vacancy in the office of town manager
or the suspension of the town manager as hereinafter pro-
vided, the selectmen shall, within seven days, appoint the
person to perform such duties.
Section 7. Removal of Manager. — The selectmen may
remove the town manager by the affirmative vote of at least
three members of the board. At least thirty days before such
proposed removal shall become effective, the selectmen shall
file a preliminary written resolution with the to^\Ti clerk set-
ting forth the specific reasons for his proposed removal. The
town clerk shall forthwith deliver a copy of such resolution
to the town manager or mail the same to him by registered
mail at his last known address. The manager may file with
the selectmen, within seven days after receipt of such copy,
a written request for a public hearing as to the reasons for
his removal. If the manager so requests, the board of select-
men shall hold a pubUc hearing not earher than ten days
nor later than twenty days after the fihng of such request.
After such public hearing, if any, otherwise at the expiration
of thirty days follo\\ing the filing of the preliminary resolu-
tion, and after full consideration, the selectmen, by the
affirmative vote of at least three members of the board may
adopt a final resolution of removal. In the preliminary
resolution, the selectmen may suspend the manager from
duty, but shall in any case cause to be paid to him forth-
with any unpaid balance of his salary for the then current
month and, at the discretion of the selectmen, such addi-
tional amount not in excess of three months' salary, as the
selectmen shall deem proper.
Section 8. Compensation of Manager. — The town man-
ager shall receive such compensation for all services per-
formed by him as the selectmen shall determine but it shall
not exceed the amount appropriated therefor by the town.
170 Acts, 1952. — Chap. 280.
Section 9. Powers and Duties of Manager. — In addi-
tion to specific powers and duties provided elsewhere in this
act the town manager shall have the general powers and
duties enumerated in this section : —
(a) The town manager shall supervise and direct and shall
be responsible for the efficient administration of all officers,
boards and committees appointed by him and their respec-
tive departments.
(6) He may, with the approval of at least three of the
selectmen, establish, combine, reorganize, or discontinue
departments under his supervision; and, with the approval
of both the selectmen and the finance committee, he may
transfer all or part of the appropriation of a discontinued
department to any other department, any balance not so
transferred to be returned to the town treasury.
(c) With respect to the wage or salary and classification
of employees appointed by the town manager, he shall be
governed by the provisions of the Wage and Salary Classi-
fication Plan — Town of Concord, Massachusetts, as the
same may be amended from time to time and for so long as
the same may remain in force.
(d) The town manager shall keep full and complete records
of his office, and shall render as often as may be required by
the selectmen a full report of all operations during the period
reported on.
(e) With the exception of property under the jurisdiction
of the school committee, the town manager shall have full
and exclusive jurisdiction over the rental and use of all town
property, and shall be responsible for the proper mainte-
nance and repair thereof; and, upon request by the school
committee, he shall be responsible for the maintenance and
repair of property under its jurisdiction, but only to such
extent and for such period as the school committee shall
from time to time specify. He shall be responsible for the
preparation of plans and the supervision of work on existing
and on new buildings and grounds, unless a special com-
mittee of the town is created for such purpose.
(J) The town manager shall purchase all supplies and
materials and equipment and award all contracts for all
departments of the town, but he shall make purchases for
departments not under his supervision only upon requisition
duly authorized by the head of such department.
(g) The town manager shall administer either directly
or through a person or persons appointed by him in accord-
ance with this act all provisions of general and special laws
applicable to the town and by-laws and votes of the town,
within the scope of his duties, and all rules and regulations
made by the selectmen.
(h) The town manager, subject to the approval of the
board of selectmen, shall have authority to prosecute, de-
fend and compromise all Utigation to which the town is a
party, and to employ counsel whenever in his judgment it
may be necessary.
Acts, 1952. — Chap. 280. 171
(i) The town manager shall perform such other duties,
consistent with his office, as may be required by by-law or
vote of the town or by vote of the selectmen.
Section 10. Investigation by Manager. — The town
manager may without notice cause the affairs of any com-
mittee, board, or official under his control or the conduct of
any officer or employee thereof to be examined. The town
manager shall have access to all town books and papers for
information necessary for the proper performance of his
duties.
Section 11. Relative to Duties of Boards and Officers ap-
pointed by Town Manager. — Except as otherwise herein
provided, each committee, board and officer appointed by
the town manager shall, in the performance of their duties,
be subject to the general supervision and direction of the
town manager. Such committees and boards shall promptly
organize for the proper conduct of their respective offices.
Each committee and board member and each officer ap-
pointed by the town manager shall hold office until his suc-
cessor has been appointed and qualifies, unless his office shall
have become vacant by reason of his resignation or removal.
Section 12. Vacancies to be filled by Town Manager. —
Any vacancy in an office or committee or board over which
the town manager has power of appointment shall be filled
by the town manager, as hereinbefore provided.
Section 13. Oath of Office of Town Officials. — All elected
officials shall be sworn to the faithful performance of their
respective duties by the town clerk or a justice of the peace
or notary public, except that the town clerk shall be sworn
to the faithful performance of his duties by the chairman of
the board of selectmen or by a justice of the peace or notary
public.
Section 14. Warrants. — A copy of each warrant for the
payment of town funds prepared by the town accountant
shall be submitted promptly to the town manager who shall
make recommendation to the selectmen with respect to the
approval or disapproval by them of each such warrant or of
any item or items in any such warrant.
Section 15. Receipts paid to Treasury. — Every official
shall pay into the treasury of the town all amounts received
by him on behalf of the town and all fees received by him in
accordance with the provisions of any general or special law
and shall make a full and true return thereof to the town
accountant.
Section 16. Estimates of Expenditures. — On or before
the first day of December of each year, the town manager
shall submit to the selectmen a careful, detailed estimate in
writing of the probable expenditures of the town government
for the ensuing fiscal year, stating the amount requiied to
meet the interest and maturing bonds and notes or other
outstanding indebtedness of the town, and showing specifi-
cally the amount necessaiy to be provided for each fund and
department, together with a statement of the expenditures
172 Acts, 1952. — Chap. 280.
of the town for the same purposes in the two preceding years
and an estimate of the expenditures for the current year.
He shall also submit a statement showing all revenues re-
ceived by the town in the two preceding fiscal years together
with an estimate of the receipts of the current year and an
estimate of the amount of income from all sources of revenue
exclusive of taxes upon property in the ensuing year. He
shall report the probable amount required to be levied and
raised by taxation to defray all expenses and liabilities of the
town together with an estimate of the tax rate necessary to
raise said amount. For the purpose of enabling the town
manager to make up the annual estimates of expenditures,
all boards, officers, and committees of the town shall, upon
his written request, furnish all information in their possession
and submit to him in writing a detailed estimate of the appro-
priations required for the efficient and proper conduct of their
respective departments during the next fiscal year.
Section 17. Annual Budget. — The selectmen shall con-
sider the tentative budget submitted by the town manager
and make such recommendations relative thereto as they may
deem expedient and proper in the interests of the town. On
or before the twentieth day of December of each year the
selectmen shall transmit a copy of the budget together with
their recommendations relative thereto to each member of
the finance committee.
Section 18. Duties of Certain Toion Officials relative to
Election. — It shall be the duty of the selectmen and the
town clerk in office and any other town official upon whom
by reason of his office a duty devolves under the provisions of
this act, when this act is accepted by the registered voters
as herein provided, to comply with all the requirements of
law relating to elections, to the end that all things may be
done necessary for the nomination and election of the officers
first to be elected under this act.
Section 19. Subinission of Act and Time of Taking Effect.
— This act shall be submitted to the quafified voters of the
town of Concord for acceptance at the first annual town elec-
tion occurring not less than thirty days after the passage of
this act. The vote shall be taken by ballot in answer to the
question which shall be printed on the official ballot: "Shall
an act passed by the General Court in the year nineteen hun-
dred and fifty-two entitled ' An Act establishing a Selectmen-
Manager Form of Government for the Town of Concord' be
accepted?" If this act shall be so accepted by a majority of
the qualified voters voting thereon it shall become and be in
fu)l force and effect immediately after the final adjournment
of the annual town meeting held in the year following the
year in which this act is so accepted, provided, however, that
said annual town meeting shall be held in conformance
with the provisions of this act. If this act is rejected by the
qualified voters of the town of Concord when first submitted
to said voters under this section, it shall be submitted for ac-
ceptance in Uke manner to such voters at the next following
Acts, 1952. — Chap. 280. 173
annual town election in said town, and if it is not accepted
at said annual election, it shall again be submitted for ac-
ceptance in like manner to such voters at the next following
annual town election, and, if accepted by a majority of such
voters voting thereon at either of said elections, shall take
effect as hereinbefore provided.
Section 20. By-laws, Rules, etc. — All laws, by-laws,
votes, rules and regulations in force in the town of Concord
when this act takes effect, not inconsistent with its provisions,
whether enacted by authority of the town or any other au-
thority, shall continue in full force and effect until otherwise
provided by law, by-law or vote; all other laws, by-laws,
votes, rules and regulations, so far as they refer to the town
of Concord, are hereby repealed and annulled, but such re-
peal shall not revive any pre-existing enactment.
Section 21. Revocation of Acceptance. — At any time
after the expiration of three years from the date on which
this act is accepted, and not less than sixty days before the
date of an annual meeting, a petition, signed by not less than
twenty per cent of the registered voters of the town, may be
filed with the selectmen, requesting that the question of re-
voking the acceptance of this act be submitted to the voters
at the next annual town meeting. At said election the ques-
tion shall be printed on the official ballot: "Shall the ac-
ceptance by the town of Concord of an act passed by the
General Court in the year nineteen hundred and fifty-two
entitled 'An Act establishing a Selectmen-Manager Form of
Government for the Town of Concord' be revoked?" If
such revocation is favored by a majority of the qualified
voters voting thereon, the acceptance of this act shall be re-
voked and this act shall become null and void beginning with
the annual town meeting next following such vote, provided
that all town officers holding office under this act shall con-
tinue to hold office until their successors have been duly
qualified. At the first annual town election following such
vote of revocation the registered voters of the town shall elect
by ballot all elective officers, boards, and committees whose
election to office was required immediately prior to the ac-
ceptance of this act, provided, however, that the towai does
not vote to accept other plans which provide for a different
arrangement from that existing immediately prior to the
acceptance of this act. It shall be the duty of the selectmen
and the town clerk in office and any other town official upon
whom by reason of his office a duty devolves when this act
is revoked, to comply with all of the requirements of this sec-
tion relating to elections, to the end that all things may be
done necessary for the nomination and election of the officers
required to be elected following the revocation of this act.
The said revocation shall not affect any contract then exist-
ing or any action at law or any suit in equity or any other
proceedings then pending, with the exception of any contract
made by the town with the town manager then in office,
whose contract shall be terminated immediately upon such
174 Acts, 1952. — Chap. 281.
vote, but who shall receive three months' compensation from
the date following such vote. The board of selectmen shall
be charged with all the powers and duties of the town manager
which duties and responsibilities may be discharged by them-
selves or by a temporary town manager appointed by them.
Any special laws relative to said town which are repealed by
this act shall be revived by such revocation. All laws, by-
laws, votes, rules and regulations repealed and annulled, as
provided in section twenty shall be revived by such revoca-
tion. By-laws, votes and rules and regulations in force when
said revocation takes effect, so far as consistent with the gen-
eral laws respecting town government and town officers and
with special laws, shall not be affected thereby.
Approved May 5, 1952.
Chap. 281 An Act relative to the referendum in plan e cities on
THE question OP PROVIDING FOR THE NOMINATIONS FOR
CERTAIN OFFICERS THEREIN BY PRELIMINARY ELECTION,
AND THEIR ELECTION BY ORDINARY PLURALITY VOTING.
Be it enacted, etc., as follows:
Section 1. Chapter 661 of the acts of 1949 is hereby
amended by striking out section 1 and inserting in place
thereof the following section: — Section 1. So much of the
provisions of sections ninety-three to one hundred and
sixteen, inclusive, of chapter forty-three of the General
Laws as provides for the election by proportional repre-
sentation of members of the city council and the school
committee in cities having a Plan E form of city charter is
hereb}'' repealed.
Section 2. Said chapter 661 is hereby further amended
by striking out section 3 and inserting in place thereof the
following section : — Section 3. Upon petition of five per
cent of the registered voters of any city, which has adopted
the Plan E form of city charter, filed with the city clerk or
election commissioners not later than sixty days before the
regular city election, this act shall be submitted to the
registered voters of said city at said election, or if such a
petition is filed with the state secretary not later than sixty
days before any biennial state election this act shall be sub-
mitted to the registered voters of said city in the form of the
following question, which shall be placed on the official
ballot to be used in said city at such city or biennial state
election: — "Shall an act passed by the General Court
entitled 'An Act providing for the nomination of members
of the city council and the school committee of Plan E
cities by preliminary elections, and providing for their
election by ordinary pluraHty voting', be accepted?"
The petition shall be submitted to the registrars of voters
for the certification of the names thereon not later than five
o'clock post meridian of the seventh day preceding the day
on which it must be filed with the city clerk or the state
secretary. Approved May 5, 1952.
Acts, 1952. — Chaps. 282, 283. 175
An Act making the declaration of independence and Chav. 2S2
THE bill of rights REQUIRED SUBJECTS OF INSTRUCTION
IN PUBLIC ELEMENTARY AND HIGH SCHOOLS.
Be it enacted, etc., as follows:
Chapter 71 of the General Laws is hereby amended by g. l. (Xer
striking out section 2, as most recently amended by chap- ftc^iam^uded.
ter 468 of the acts of 1949, and inserting in place thereof the
following : — Section 2. In all public elementary and high ppciaration of
schools American history and civics, including the constitu- Lnd' thelTnf oi
tion of the United States, the declaration of independence re^r^u'ire? ^^
and the bill of rights, and in all pubUc high schools the con- subjects of
stitution of the commonwealth and local history and govern- c"ftain*^sdiooi8.
ment, shall be taught as required subjects for the purpose
of promoting civic service and a greater knowledge thereof,
and of fitting the pupils, morally and intellectually, for the
duties of citizenship. Approved May 5, 1952.
An Act establishing in the town of Plymouth repre- QIiqj) 283
sentative town government by limited town
meetings.
Be it enacted, etc., as follows:
Section 1. There is hereby established in the town of
Plymouth the form of representative town government
by limited town meetings hereinafter set forth.
Section 2. Upon acceptance of this act by the town of
Plymouth, as hereinafter provided, the selectmen and the
board of registrars of voters, acting jointly, and hereinafter
referred to as the districting board, shall forthwith divide
the territory thereof into not less than five nor more than
eight voting precincts, each of which shall be plainly desig-
nated and shall contain not less than four hundred registered
voters.
The precincts shall be so established as to consist of com-
pact and contiguous territory, to be bounded as far as possible
by the center line of known streets and ways or by other well
defined limits. Their boundaries shall be reviewed and, if
need be, wholly or partly revised by the districting board in
December, once in five years, or in December of any year
when so directed by a vote of an annual representative town
meeting.
The districting board shall, within ten days after any
establishment or revision of the precincts, file a report of its
doings with the town clerk, the registrars of voters and the
assessors, with a map or maps or descriptions of the precincts
and the names and residences of the registered voters therein.
The districting board shall also cause to be posted in the
town hall a map or maps or description of the precincts as
established or revised from time to time, with the names
and residences of the registered voters therein ; and it shall
also cause to be posted in at least one public place in each
176 Acts, 1952. — Chap. 283.
precinct a map or description of that precinct with the
names and residences of the registered voters therein. The
division of the town into voting precincts and any revision
of such precincts shall take effect upon the date of filing of the
report thereof by the districting board with the town clerk.
WTienever the precincts are established or revised the town
clerk shall forthwith give written notice thereof to the state
secretary, stating the number and designation of the
precincts.
Meetings of the registered voters of the several precincts
for elections, for primaries, and for voting upon any question
to be submitted to all registered voters of the town, shall
be held on the same day and at the same hour and at such
place or places within the town as the selectmen shall in the
warrant for such meetings direct. The provisions of chap-
ters fifty to fifty-six, inclusive, of the General Laws, relating
to precinct voting at elections, so far as the same are not
inconsistent with this act, shall apply to all elections and
primaries in the town upon the establishment of voting
precincts as hereinbefore provided.
Section 3. Other than the officers designated in sec-
tion four as town meeting members at large, the representa-
tive town meeting membership shall in each precinct consist
of the largest number divisible by three which will admit of a
representation thereof in the approximate proportion which
the number of registered voters therein bears to the total
number of registered voters in the town, and which will
cause the total elected membership to be as nearly two
hundred as may be.
The registered voters in every precinct, at the first annual
town election held after the estabhshment of such precinct,
and the registered voters of any precinct affected by any
revision of precincts at the first annual town election follow-
ing such revision, conformably to the laws relative to elec-
tions not inconsistent with this act, shall elect by ballot
as town meeting members the number of registered voters
in the precinct, other than the officers designated in this
act as town meeting members at large, provided for in the
preceding sentence. The first third, in order of votes re-
ceived, of members so elected shall serve three years, the
second third in such order shall serve two years, and the
remaining third in such order shall serve one year, from the
day of the annual town meeting. In case of a tie vote
affecting the division into thirds, as aforesaid, the members
elected from the precinct shall by ballot determine the
same. Thereafter, except as is otherwise provided herein,
at each annual town election the registered voters of each
precinct shall in like manner elect, for the term of three
years, one third of the number of elected town meeting
members to which such precinct is entitled, and shall at such
election fill for the unexpired term or terms any vacancy or
vacancies then existing in the number of elected town
meeting members in such precinct.
Acts, 1952. — Chap. 283. 177
The terms of office of all elected town meeting members
from every precinct revised as aforesaid shall cease upon the
election as hereinbefore provided of their successors. The
town clerk shall, after every election of town meeting mem-
bers, forthwith notify each such member by mail of his
election.
Section 4. Any representative town meeting held under
the provisions of this act, except as otherwise provided
herein, shall be limited to the town meeting members elected
under section three, together with the following, to be desig-
nated town meeting members at large: any member of the
general court of the commonwealth who is a registered
voter of the town, the town moderator, the town clerk, and
one member of the following boards to be designated by the
respective board: advisory and finance committee, board of
assessors, cemetery commissioners, park commissioners,
planning board, commission of pubhc safety, board of public
welfare, commission of public works, school committee,
board of selectmen and the water commissioners. All the
foregoing shall be included within the general designation
of town meeting members.
The town clerk shall notify the town meeting members
of the time and place at which representative town meetings
are to be held, the notices to be sent by mail at least seven
days before the meeting. The town meeting members, as
aforesaid, shall be the judges of the election and quahfications
of their members. A majority of the town meeting members
shall constitute a quorum for doing business; but a less
number may organize temporarily and may adjourn from
time to time, but no town meeting shall adjourn over the
date of an election of town meeting members. The town
meeting members as such shall receive no compensation.
All town meetings shall be public. Subject to such condi-
tions as may be determined from time to time by the members
of the representative town meeting, any registered voter of
the town who is not a town meeting member may speak at
any representative town meeting, but shall not vote. Any
elected town meeting member who becomes by appointment
or election one of the officers designated as town meeting
members at large shall upon such appointment or election
cease to be an elected town meeting member. A town
meeting member may resign by filing a written resignation
with the town clerk, and such resignation shall take effect
on the date of such fifing. A town meeting member who
removes from the town shall cease to be a town meeting
member, and a town meeting member who removes from
the precinct from which he was elected to another precinct
may serve only until the next annual town meeting.
Section 5. Nomination of candidates for town meeting
members, to be elected under this act, shall be from among
the registered voters of the precinct. Nomination papers
shall bear no political designation, shall be signed by not
less than ten registered voters of the precinct in which the
178 Acts, 1952. — Chap. 283.
candidate resides, and shall be filed with the town clerk not
later than the last day that nomination papers of candidates
for other town offices must be filed. Any town meeting
member may become a candidate for re-election by giving
written notice thereof to the town clerk at least fourteen
days prior to the last day for filing nomination papers. The
words "Candidate for Re-election" must be printed on the
ballot opposite the names of such candidates. No nomi-
nation papers shall be valid in respect to any candidate
unless his written acceptance is endorsed thereon or attached
thereto when filed. The town clerk shall notify by mail all
town meeting members of the expiration of their term at
least thirty days before the last day for filing nomination
papers.
Section 6. The articles in the warrant for every town
meeting, so far as they relate to the election of the moderator,
town officers and town meeting members, and as herein
provided, to referenda, and all matters to be acted upon and
determined by ballot, shall be so acted upon and determined
by the registered voters of the town in their respective
precincts. All other articles in the warrant for any town
meeting shall be acted upon and determined exclusively by
town meeting members at a meeting to be held at such time
and place as shall be set forth by the selectmen in the warrant
for the meeting, subject to the referendum provided for by
section nine.
Section 7. A moderator shall be elected by ballot at
each annual town election, and shall serve as moderator
of all town meetings, except as otherwise provided by law,
until a successor is elected and qualified. Nominations for
and election of a moderator shall be as in the case of other
elective town officers, and any vacancy in the office may be
filled by the town meeting members at a meeting held for
that purpose. If a moderator is absent, a moderator pro
tempore may be elected by the town meeting members.
Section 8. Any vacancy in the full number of town
meeting members from any precinct, whether arising from a
failure of the registered voters thereof to elect, or from any
other cause, may be filled until the next annual election by
the remaining town meeting members of the precinct from
among the registered voters thereof. Upon petition there-
for, signed by not less than ten town meeting members from
the precinct, notice of any vacancy shall be promptly given
by the town clerk to the remaining members from the pre-
cinct in which the vacancy or vacancies exist, and he shall
call a special meeting of such members for the purpose of
filling such vacancy or vacancies. He shall cause to be
mailed to every such member, not less than five days before
the time set for the meeting, a notice specifying the object,
time and place of the meeting. At the said meeting a ma-
jority of the members of the precinct shall constitute a
quorum, and they shall elect from their own number a chair-
man and clerk. The choice to fill any vacancy shall be by
Acts, 1952. — Chap. 283. 179
ballot, and a majority of the votes cast shall be required for
a choice. The chairman and clerk shall count the ballots
and shall make a certificate of the choice and forthwith file
the same with the towTi clerk, together with the written
acceptance by the member or members so chosen, who shall
thereupon be deemed elected and qualified as a town meet-
ing member or members, subject to the right of all town
meeting members to judge of the election and qualifications
of the members as set forth in this act.
Section 9. No vote, except a vote to adjourn or a vote
authorizing the borrowing of money in anticipation of the
receipt of taxes, passed at any representative town meeting
shall be operative until after the expiration of ten days, ex-
clusive of Sundays and holidays, from the dissolution of the
meeting. If within the said ten days, a petition, signed by
not less than three per cent of the registered voters in the
town, containing their names and addresses as they appear
on the list of registered voters, is filed with the selectmen
asking that the question or questions involved in such a vote
be submitted to the registered voters of the town at large,
then the selectmen, after the expiration of five days, shall
forthwith call a special meeting for the sole purpose of pre-
senting to the registered voters at large the question or ques-
tions so involved. The polls shall be opened at two o'clock
in the afternoon and shall be closed not earlier than eight
o'clock in the evening, and all votes upon any question so
submitted shall be taken by ballot, and the check list shall
be used in the several precinct meetings in the same manner
as in the election of town officers. The questions so submitted
shall be determined by a majority vote of the registered
voters voting thereon, but no action of the representative
town meeting shall be reversed unless at least ten per cent
of the registered voters shall vote to reverse. Each question
so submitted shall be in the form of the following question,
which shall be placed upon the official ballot: — "Shall the
town vote to approve the action of the representative town
meeting whereby it was voted (brief description of the sub-
stance of the vote)?" If such petition is not filed within
said period of ten days, the vote of the representative town
meeting shall become operative and effective upon the ex-
piration of said period.
Section 10. The town of Plymouth, after the accept-
ance of this act, shall have the capacity to act through and
be bound by its town meeting members, who shall, when
convened from time to time as herein provided, constitute
representative town meetings; and the representative town
meetings shall exercise exclusively, so far as will conform to
the provisions of this act, all powers vested in the municipal
corporation. Action in conformity with all provisions of law
now or hereinafter appUcable to the transaction of town
affairs in town meeting shall, when taken by any representa-
tive town meeting in accordance with the provisions of this
act, have the same force and effect as if such action had been
180 Acts, 1952. — Chap. 284.
taken in a town meeting open to all the voters of the town
as organized and conducted before the establishment in said
town of representative town meeting government.
Section 11. The representative town meeting may make
such rules consistent with general law as may be considered
necessary for conducting its meetings.
Section 12. This act shall not abridge the right of the
inhabitants of the town of Plymouth to hold general meet-
ings, as secured to them by the constitution of this common-
wealth; nor shall this act confer upon any representative
town meeting in the town of Plymouth the power finally to
commit the town to any measure affecting its municipal
existence or substantially changing its form of government
without action thereon by the voters' of the town at large,
using the ballot and the check list therefor.
Section 13. This act shall be submitted to the registered
voters of the town of Plymouth at the biennial state election
in the year nineteen hundred and fifty-two. The vote shall
be taken by ballot in accordance with the provisions of the
General Laws, so far as the same shall be applicable, in answer
to the question, which shall be placed upon the ballot to be
used in said town for the election of state officers: — "Shall
an act passed by the General Court in the year nineteen
hundred and fifty-two, entitled 'An Act establishing in the
town of Plymouth representative town government by
limited town meetings', be accepted by this town?" The
provisions of this act shall take effect upon its acceptance
by a majority of the voters voting on the question.
Section 14. If this act is not accepted by the registered
voters of the town of Plymouth when submitted to said
voters under section thirteen, it shall again be submitted for
acceptance in like manner from time to time to such voters
at any annual town election in said town within five years
thereafter, upon a petition signed by at least ten registered
voters of the town. Approved May 6, 1952.
Chap.2S4 An Act relative to the carrying and use of bows and
ARROWS WHILE HUNTING.
Be it enacted, etc., as follmvs:
Eci^iJr§8i Chapter 131 of the General Laws is hereby amended by
etc., 'amended.' striking out scction 81, as appearing in section 2 of chap-
ter 599 of the acts of 1941, and inserting in place thereof the
Fnd wrowT following: — Section SI. No person shall carry or use a bow
while hunting, and arrow while hunting unless said bow and arrow meet
regulated. ^^^j^ requirements as may be set by rules and regulations
which the director is hereby authorized and directed to
promulgate from time to time. Such rules and regulations
shall include general design, weight of pull, and type of bows
and arrows and shall conform to standards generally accepted
for bows and arrows used for hunting purposes.
Approved May 5, 1952.
Acts, 1952. — Chaps. 285, 286, 287. 181
An Act relative to the excise tax on registered Q^ku) 285
MOTOR vehicles. ^'
Be it enacted, etc., as follows:
Section lA of chapter 60A of the General Laws, inserted ^j^^'ij^''-
by chapter 484 of the acts of 1949, is hereby amended by add- §'ia', etc.,'
ing at the end the following sentence : — If a motor vehicle is ^TT^ ux on
sold the excise tax shall be prorated to the month prior to motorvehides.
the sale, and if a motor vehicle is purchased said excise tax
shall be prorated to the month of purchase.
Approved May 5, 1952.
An Act relative to the manufacture and sale of the n^nry 986
instrument or weapon known as a sling shot. ^'
Be it enacted, etc., as follows:
Chapter 269 of the General Laws is hereby amended by g. l. (Ter.
striking out section 12, as amended by chapter 219 of the etl.'ameAded!^'
acts of 1951, and inserting in place thereof the following sec-
tion:— Section 12. Whoever manufactures or causes to be Manufacture
manufactured, or sells or exposes for sale, an instrument or ^ung^shots! etc.,
weapon of the kind usually known as slung shot, sling shot, regulated.'
bean blower, sword cane, pistol cane, bludgeon, blackjack,
or metallic knuckles, shall be punished by a fine of not less
than fifty nor more than two hundred dollars or by im-
prisonment for not more than six months; provided, however,
that sling shots may be manufactured and sold to clubs or
associations conducting sporting events where such sUng
shots are used. Approved May 5, 1952.
An Act relative to the operation of trackless trolleys, fhnj) 987
Whereas, The purpose of this act is to make certain per- Emergency
fecting changes in section ten A of chapter ninety of the P'^«='"''^'e-
General Laws, as appearing in chapter one hundred and
twenty-six of the acts of nineteen hundred and fifty-two,
therefore this act is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 1. Section 10 A of chapter 90 of the General ^j^-g^"^"-
Laws, inserted by chapter 126 of the acts of 1952, is hereby uoA^etc,
amended by adding at the end the following paragraph: — amended.
The provisions of this section shall not apply to persons operation of
who, prior to the effective date of this section, had operated troUeys,^
trolleymotors or trackless trolleys for at least four months regulated.
and who had not been licensed to operate motor vehicles
by the registrar.
Section 2. This act shall be operative as of the effective Effective
date of chapter one hundred and twenty-six of the acts of '*''*^
nineteen hundred and fifty-two. Approved May 8, 1962.
182 Acts, 1952. — Chaps. 288, 289, 290.
C hap. 2SS An Act providing that the towns of abington and
ROCKLAND MAY SELL WATER TO CERTAIN INHABITANTS
OF THE TOWN OF HINGHAM.
Be it enacted, etc., as follows:
Section 1. The towns of Abington and Rockland,
acting through their joint board of water commissioners,
as constituted under the provisions of chapter two hundred
and six of the acts of eighteen hundred and eighty-five,
and with the approval of the Hingham Water Company,
may furnish and sell water to the inhabitants of the town of
Hingham residing along Abington street. The said board of
water commissioners may supervise such extensions of the
water mains and such installations of other facihties and
equipment within the limits of the town of Hingham as
may be necessary for the purposes of this act; provided,
that such extensions and installations as are made within
the limits of the town of Hingham shall be subject in all
respects to the approval of the selectmen of the town of
Hingham.
Section 2. All costs of installations of facihties and
equipment under the provisions of this act shall be borne
in full by the inhabitants of the town of Hingham residing
along Abington street. The said board of water commis-
sioners shall maintain and repair such mains.
Section 3. This act shall take effect upon its passage.
Approved May 8, 1952.
C hap. 2S9 An Act reviving bangor creamery co. inc.
prearabiT"'^ ^Vkcrcas, The deferred operation of this act would delay
the corporation revived thereby in resuming the exercise of
its former corporate powers, therefore it is hereby declared
to be an emergency law, necessary for the immediate pres-
ervation of the pubhc convenience.
Be it enacted, etc., as folloios:
Bangor Creamery Co. Inc., a corporation dissolved June
ninth, nineteen hundred and forty- thI^ee by decree of the
supreme judicial court, is hereby revived and continued for
a period of six months, for the sole purpose of conveying and
transferring certain property of the corporation.
Approved May 8, 1952.
Chap. 2^0 An Act authorizing the city of Worcester to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Worcester may, within a period
of five years from the passage of this act, incur indebtedness
in an amount not exceeding six hundred and twenty-five
thousand dollars for the construction of an elementary school
Acts, 1952. —Chaps. 291, 292. 183
building on Richmond avenue near Flagg street, including
the cost of original equipment and furnishings for said school
building, and may issue bonds or notes therefor which shall
bear on their face the words "Worcester School Building
Loan, Act of 1951".
Each authorized issue shall constitute a separate loan, and
such loans shall be payable in not more than twenty years
from their dates, but no loan shall be authorized under this
act unless the sum of forty-five thousand dollars is voted for
the same purpose, to be provided from taxation or available
revenue funds of the year when authorized. Indebtedness
incurred under this act shall be in excess of the amount au-
thorized by chapter two hundred and eleven of the Special
Acts of nineteen hundred and sixteen, as amended by chap-
ter one hundred and thirty-eight of the acts of nineteen hun-
dred and twenty, and in excess of the amount authorized by
chapter forty-four of the General Laws. Except as provided
herein, indebtedness incurred under this act shall be subject
to the applicable provisions of said chapter forty-four, ex-
clusive of the limitations contained in the first paragraph of
section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
An Act authorizing the town of Manchester to pay Cha'p,2^\
A SUM OF MONEY TO FISHER AND GEORGE ELECTRICAL
CO., INC. FOR WORK DONE.
Be it enacted, etc., as follows:
Section L For the purpose of discharging a moral ob-
ligation, the town of Manchester is hereby authorized to
pay to Fisher and George Electrical Co., Inc., from an appro-
priation available therefor, the sum of three thousand one
hundred and fifty dollars for work done at the Gravel Pond
Pumping Station in the conversion of said station to auto-
matic control, which obhgation is legally unenforceable by
reason of the failure of said town to comply with its by-law
requiring a written contract and public advertising for bids.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
An Act authorizing the town of Manchester to pay njig^r) 292
A sum of money to the LAWRENCE MACHINE & PUMP ^'
CORPORATION FOR WORK DONE,
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral ob-
hgation, the town of Manchester is hereby authorized to
pay to the Lawrence Machine & Pump Corporation, from
an appropriation available therefor, the sum of one thousand
three hundred and thirty-two dollars for equipment sup-
phed and labor furnished at the Gravel Pond Pumping Sta-
184 Acts, 1952. — Chaps. 293, 294, 295.
tion during the year nineteen hundred and fifty-one, in the
conversion of said station to automatic control, which ob-
hgation is legally unenforceable by reason of the failure of
said town to comply with its by-law requiring a written con-
tract and public advertising for bids.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
Chap. 293 An Act authorizing the city of la whence to construct
AND MAINTAIN AN ELEMENTARY SCHOOL ON CERTAIN LAND
WITHIN THE LIMITS OF THE WARD FIVE PLAYGROUND.
Be it enacted, etc., as follows:
Section 1. The city of Lawrence is hereby authorized,
notwithstanding any limitation contained in chapter forty-
five of the General Laws, to build, equip and maintain for
public school purposes an elementary school building within
the limits of the Ward Five Playground, also known as the
Bruce School Playground, which playground was acquired
by said city for park and recreational purposes by eminent
domain proceedings in July and October, nineteen hundred
and forty-eight, and recorded in the registry of deeds for the
northern district of Essex county. Said elementary school
shall be located on a tract of land adjacent to and on the
easterly side of the playground, and shall extend into the
playground area. Said elementary school shall be so lo-
cated as not to interfere with or infringe upon the use for
recreational or athletic purposes of any part of the play-
ground area then so used.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
Chap. 294: An Act repealing certain provisions of law authoriz-
ing the city of LAWRENCE TO BORROW MONEY FOR
school purposes.
Be it enacted, etc., as follows:
Section L Chapter 603 of the acts of 1951 is hereby
repealed.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
Chap. 29b An Act relative to appropriations by the town of
NANTUCKET FOR MUNICIPAL ADVERTISING PURPOSES AND
FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 139 of the acts of 1937,
as most recently amended by section 1 of chapter 62 of the
acts of 1950, is hereby further amended by striking out, in
line 3, the word "ten" and inserting in place thereof the
Acts, 1952. — Chaps. 296, 297. 185
word : — twenty, — so as to read as follows : — Section 1 .
The town of Nantucket may, by a majority vote, appropri-
ate each year a sum not exceeding twenty thousand dollars
for advertising the advantages of the town and for providing
amusements or entertainments of a public character. The
money so appropriated by the town shall be expended under
the direction of the board of selectmen.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
An Act providing for payment to the soldiers' home Chav.29i^
IN MASSACHUSETTS AND THE SOLDIERS' HOME IN HOLYOKE
BY CERTAIN CORPORATIONS FOR SURGICAL, DENTAL OR
MEDICAL SERVICES.
Whereas, The deferred operation of this act would tend ^^'^^fj'^
to defeat its purpose by depriving the commonwealth of
income from the source therein provided for, therefore it is
hereby declared to be an emergency law necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Corporations formed under chapter 176B or chapter 176C
of the General Laws and others who provide insurance for
surgical, dental or medical services, or are otherwise covered
by their contracts with subscribers, may enter into contracts
with the trustees of the Soldiers' Home in Massachusetts
and the Soldiers' Home in Holyoke to provide payment for
such surgical, dental or medical services for subscribers em-
ployed by said Soldiers' Homes, or who are veterans of the
commonwealth eligible for the benefits of the services of the
respective Soldiers' Homes. The contract fees established
for other general hospitals shall be the maximum established
as charges for such services. Approved May 8, 1952.
An Act authorizing the conveyance by the common- njidj) 297
WEALTH TO THE UNITED AMERICAN VETERANS OF THE ^'
UNITED STATES OF AMERICA, INC. OF A CERTAIN PARCEL
OF LAND SITUATED IN THE CITY OF TAUNTON.
Be it enacted, etc., as follows:
Section 1. The commissioner of the department of
mental health, in the name and on behalf of the common-
wealth, is hereby authorized, subject to the approval of the
governor and council, to convey for a nominal consideration
to the United American Veterans of the United States of
America, Inc., a corporation duly organized under the laws
of the commonwealth of Massachusetts, to have and to hold
so long as it is used by the said corporation for the sole pur-
pose of a recreational camp for underprivileged children, by
a deed approved as to form by, the attorney general, all the
right, title and interest of the commonwealth in and to a
certain parcel of land situated in the city of Taunton; pro-
vided, that said United American Veterans of the United
186 Acts, 1952. — Chaps. 298, 299.
States of America, Inc. accept this parcel of land within two
years after the effective date of this act; and further pro-
vided, that said right, title and interest shall revert to and
revest in the commonwealth whenever said area shall cease
to be used by said United American Veterans of the United
States of America, Inc. for the purpose of a recreational camp
for underprivileged children, said land being on the westerly
side of Whittenton Mills Pond bounded as follows : — begin-
ning at a stone post set at the southwesterly corner of the
herein conveyed lot; thence N. 76° 50' E. one hundred and
fourteen feet to said pond ; then beginning at said stone post
and running N. 13° 10' W. one hundred feet to a corner;
thence N. 76° 50' E. ninety-seven feet to said pond; thence
southerly by said pond to the easterly terminus of the first
described line. Containing ten thousand square feet of land
more or less. Also a right of way from said lot to Whittenton
street, said way being therein described as follows — begin-
ning at the first mentioned stone post and running thence
N. 59° 20' W. two hundred and seventy-eight feet to a point
on Whittenton street eight hundred and forty-three feet
southerly of the comer of land now or formerly of B. E. & J.
W. Lincoln, on said street. Said right of way to be eighteen
feet wide on the northerly side of said line.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1952.
Chap. 298 An Act authorizing the city of Worcester to rein-
state THOMAS F. MANNING FOR THE SOLE PURPOSE OF
RETIREMENT.
Be it enacted, etc., as follows:
Section 1. Any provision of law to the contrary not-
withstanding, the city of Worcester may reinstate Thomas
F. Manning as a member of the fire department of said city
for the sole purpose of retirement in order to correct a mistake
made at the time of his original retirement. Upon said rein-
statement, said city shall retire said Thomas F. Manning for
disability caused by injuries sustained in the actual per-
formance of his duty as a fireman. Said retirement shall be
under the provisions of section eighty of chapter thirty-two
of the General Laws, in effect in said city on the date of his
original retirement.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Worcester.
Approved May 8, 1952.
Chap. 299 An Act permitting inmates of penal institutions to
VIEW THE REMAINS OF DECEASED RELATIVES.
Be it enacted, etc., asfolloios:
Edo, 127."^ Section 90A of chapter 127 of the General Laws, as most
|90A,e|tc., recently amended by chapter 394 of the acts of 1951, is
amen ec . hereby further amended by inserting after the word "com-
Acts, 1952. — Chaps. 300, 301. 187
mon wealth", in line 5, the words: — , or to view the remains
of such relative, — so as to read as follows: — Section 90 A. pXnMtHu-
The warden, superintendent or officer in charge of any pris- tions permitted
oner may permit, in the custody of an officer of the institu- of d/oea^sed'*'"''
tion, such prisoner to attend the funeral of his father, mother, '•f-'atnes.
child, brother, sister, husband or wife ■within the common-
wealth, or to view the remains of such relative, or to visit
such relative during his illness upon certification by a phy-
sician that death be imminent, under such conditions and
rules as the warden, superintendent or officer in charge may
prescribe. Any expenses incurred under the provisions of
this section shall be paid by the institution wherein the pris-
oner is imprisoned. Approved May 8, 1952.
An Act providing for the assignment of quarters in r<i.„^ oqq
THE STATE HOUSE FOR THE USE OF THE JEWISH WAR VET- ^'
ERANS OF THE UNITED STATES, DEPARTMENT OF MASSA-
CHUSETTS, INC.
Be it enacted, etc., as follows:
Chapter 8 of the General Laws is hereby amended by o. l. (Ter.
striking out section 17, as most recently amended by chap- ftl! 'amended.
ter 807 of the acts of 1951, and inserting in place thereof the
following section: — Section 17. There shall be set apart Rooms pro-
and suitably furnished a room or rooms in the state house Touse fo/use*
for the use of the Massachusetts department of The Ameri- °^arTet^xans.
can Legion, of the United Spanish War Veterans, of the Dis-
abled American Veterans of the World War, of the Veterans
of Foreign Wars of the United States, of the American Vet-
erans of Worid War II, AMVETS, of the Veterans of Indian
Wars, of Italian American World War Veterans of the
United States, Inc., Department of Massachusetts, and of
the Jewish War Veterans of the United States, Department
of Massachusetts, Inc., respectively, such room or rooms to
be under the charge of the state commanders of the respective
departments, subject to this chapter. The headquarters
thus established for each of the aforesaid departments shall
be used for storing and preserving the records and other
property of the department and relics and mementos of the
World wars and the Spanish war. Approved May 8, 1952.
An Act increasing the fees for certain certificates pi orji
FURNISHED BY THE STATE SECRETARY. UAiap.oUl
Be it enacted, etc., as follows:
Chapter 262 of the General Laws is hereby amended by g. l. (Ter.
striking out section 36, as appearing in the Tercentenary fmend"^^.' * ^^'
Edition, and inserting in place thereof the following section:
— Section 36. The fee for copies of any oflficial papers Fees for
certified by the state secretary shall be seventy-five cents certified copies.
for the first page and sixty cents for each additional page.
The fee for the state secretary's certificate on copies or other-
wise shall be fifty cents each. Approved May 8, 1952.
188
Acts, 1952. — Chaps. 302, 303, 304.
Chap. S02 An Act providing for the compensation of the assist-
ant COMMISSIONER OF MENTAL HEALTH FOR CERTAIN
DUTIES PERFORMED BY HIM.
Be it enacted, etc., as follows:
Item 1701-02 of section 2 of chapter 490 of the acts of
1951, as amended by section 2 of chapter 806 of the acts of
1951, is hereby further amended by adding at the end the
following: — ; and including for the assistant commissioner
of mental health, while performing the powers and duties as
commissioner of mental health for the period from April
first, nineteen hundred and fifty through November thir-
teenth, nineteen hundred and fifty-one, the sum of four
thousand five hundred dollars. Approved May 8, 1952.
Chap. SOS An Act relative to the payment of certain accounts
AGAINST the COMMONWEALTH ON ACCOUNT OF CERTAIN
PUBLIC AID.
Be it enacted, etc., as follows:
G. L. (Ter. Section 42 of chapter 121 of the General Laws, as most
ftcil'amemLd^' Tccently amended by chapter 406 of the acts of 1941, is
hereby further amended by adding at the end the two fol-
lowing sentences : — The approval of accounts by the de-
partment under this section shall have the effect of a pro-
visional pre-audit of such accounts, and reimbursement
based thereon shall be subject to verification and adjustment
by the department. Such adjustments shall be made by
reducing or increasing any subsequent reimbursements under
this section by the amount of such adjustment.
Approved May 8, 1952.
Payment of
certain ac-
counts against
the common-
wealth,
regulated.
C/iap.304 An Act providing that an additional employee in the
DIVISION OF ACCOUNTS BE DESIGNATED TO PERFORM THE
DUTIES OF THE DIRECTOR OF SAID DIVISION UNDER CERTAIN
CONDITIONS.
Be it enacted, etc., as follows:
Chapter 14 of the General Laws is hereby amended by
striking out section 7, as appearing in the Tercentenary
Edition, and inserting in place thereof the following section:
— Section 7. The commissioner shall assign to the several
divisions in the department their appropriate functions. The
directors of divisions shall, under the supervision and con-
trol of the commissioner, exercise the functions assigned
to them, and shall also perform such other incidental duties
as the commissioner may prescribe. The director of the
division of accounts, who shall be known as the director of
accounts, shall perform the duties required of the depart-
ment by law in relation to the compilation of municipal
statistics, the auditing of municipal accounts and the certifi-
G. L. (Ter.
Ed.), 14, § 7,
amended.
Duties of
director of
division of
accounts in
case of
absence, etc.
Acts, 1952. — Chaps. 305, 306, 307, 308. 189
cation of notes of towns, districts and counties. The com-
missioner may designate a competent employee in the divi-
sion of accounts to perform the duties of the director of ac-
counts in case of his absence, death or disabiUty; and notes
of towns, districts and counties, when certified by such em-
ployee, shall have the same validity as if certified by the
director. The commissioner may designate an additional
competent employee in the division of accounts to perform
the duties of the director of accounts in case of the absence
of said director and the absence of the competent employee
designated under the provisions of the preceding sentence;
and notes of towns, districts and counties, when certified by
such additional employee, shall have the same validity as if
certified by the director. Approved May 8, 1952.
An Act increasing the fees for non-resident trappers. QJkij) 395
Be it enacted, etc., as follows:
Section 1. Clause (2) of section 8 of chapter 131 of the g. l. (Ter.
General Laws, as most recently amended by section 1 of ^tl! 'amended.
chapter 405 of the acts of 1951, is hereby further amended
by striking out the sixth paragraph and inserting in place
thereof the following paragraph : —
For a trapping license, one hundred dollars and twenty- Fees.
five cents.
Section 2. This act shall take effect on January first, f^^^*'*'^'®
nineteen hundred and fifty-three.
Approved May 8, 1952.
An Act increasing the membership of the development (7/^00.306
and industrial committee of the city of lawrence.
Be it enacted, etc., as follows:
Section 1 of chapter 661 of the acts of 1950, as amended
by section 1 of chapter 58 of the acts of the current year, is
hereby further amended by striking out, in line 10, the word
"twelve" and inserting in place thereof the word: — sixteen.
Approved May 8, 1952.
An Act discontinuing the care and treatment of cer- C hap. S07
TAIN CHILDREN AT THE HOSPITAL COTTAGES FOR CHILDREN.
Be it enacted, etc., as follows:
Sections 48 and 49 of chapter 123 of the General Laws g. l. (Xer.
are hereby repealed. Approved May 8, 1952. ^^l^ ^^^j 49^
repealed.
An Act relative to the distribution of nursery stock. Chav 308
Be it enacted, etc., as folloivs:
Section 1. Chapter 132 of the General Laws is hereby g. l. (Xer.
amended by striking out section 9, as appearing in the amended^.' ^ ^'
Tercentenary Edition, and inserting in place thereof the
190 Acts, 1952. — Chap. 309.
S^nS'sery"" following section : — Section 9. The forester may establish
stock, etc., and maintain nurseries for the propagation of forest tree
reg ate secdUngs upon such lands of the commonwealth at any state
institution as the superintendent or trustees thereof may set
apart for this purpose and upon such other lands as may be
acquired under this section. Superintendents of institutions
where land is set apart therefor may furnish without charge
the labor of their inmates necessary to establish and main-
tain said nurseries. All stock grown in nurseries established
under this section shall be used within the commonwealth.
The forester may distribute seeds and seedlings to land
owners, citizens of the commonwealth, under such conditions
and restrictions as he may determine, subject to the approval
of the governor and council. The forester, with the advice
and consent of the governor and council, may expend from
time to time such sum as is appropriated therefor by the
general court in purchasing, for the establishment of nurseries
provided for by this section, lands situated within the
commonwealth and adapted to the propagation of forest
seedlings.
EdV isl"^! 35 Section 2. Section 35 of said chapter 132, as so appear-
amended.' ' ing, is hereby amended by striking out, in line 4, the words
dtf^s^^and" "free of charge", — so as to read as follows: — Section 35.
towns. Towns may acquire by purchase, gift or bequest lands for
the purpose of forestation and may reclaim and plant such
lands. The said department may upon apphcation in such
form as the forester may prescribe furnish such towns with
seedlings for the planting of their lands.
Approved May 8, 1952.
Chap.309 An Act providing for the establishment of a right
OF WAY FOR PUBLIC ACCESS TO SOUTH END POND IN THE
TOWN OF MILLIS.
Be it enacted, etc., as folloios:
Section 1 . The county commissioners of Norfolk county
are hereby authorized and directed to lay out a right of
way for public access to South End pond in the town of
Milhs in accordance with plans to be approved by the
department of pubUc works, and showing the location and
dimensions of such right of way. If it is necessary to acquire
land for the purpose of laying out such right of way, said
county commissioners shall at the time such right of way is
laid out take such land by eminent domain under chapter
seventy-nine of the General Law^s. Any person sustaining
damages in his property by the laying out of such right of
way, or by specific repairs or improvements thereon, shall
be entitled to recover the same under said chapter seventy-
nine; provided, that the right to recover damages, if any,
by reason of the laying out of such right of way, shall vest
upon the recording of the order of taking by said county
commissioners and that no entry or possession for the pur-
Acts, 1952. — Chap. 310. 191
pose of constructing a public way on land so taken shall be
required for the purpose of validating such taking or for the
payment of damages by reason thereof.
Section 2. The town of Millis from time to time may
make specific repairs on or improve such right of way to
such extent as it may deem necessary, but neither the county
of Norfolk nor any city or town therein shall be required to
keep such right of way in repair, nor shall they be liable for
injury sustained by persons traveling thereon; provided,
that sufficient notice to warn the public is posted where such
way enters upon or unites with an existing public way.
Section 3. All expenses incurred by said county com-
missioners in connection with such right of way shall be
borne by the county of Norfolk, or by such cities and towns
therein, and in such proportions, as said county commis-
sioners may determine.
Section 4. Said right of way shall not be discontinued
or abandoned without authority therefor from the general
court.
Section 5. Nothing in this act shall be construed to
limit the powers of the department of public health, or of
any local board of health, under any general or special law.
Approved May 5, 1952.
An Act making appropriations for the fiscal year
nineteen hundred and fifty-three, for the main-
tenance OF departments, boards, commissions, in-
stitutions AND CERTAIN ACTIVITIES OF THE COMMON-
WEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND
REQUIREMENTS, AND FOR CERTAIN PERMANENT IMPROVE-
MENTS.
Be it enacted, etc., as folloivs:
Section 1. To provide for the maintenance of the sev-
eral departments, boards, commissions and institutions, of
sundry other services, and for certain permanent improve-
ments, and to meet certain requirements of law, the sums
set forth in section two, for the several purposes and subject
to the conditions specified in said section two, are hereby
appropriated from the funds designated in said section, sub-
ject to the provisions of law regulating the disbursement of
public funds and the approval thereof, for the fiscal year
ending June thirtieth, nineteen hundred and fifty-three, in
this act referred to as the year nineteen hundred and fifty-
three, or for such period as may be specified.
Section 2.
The Following Appropriations are made from the General Fund:
Service of the Legislatctre.
Senate.
Item
0101-01 For the compensation of senators, to be in
addition to any amount heretofore appro-
priated for the purpose .... $191,250 00
0101-02 For the salary of the clerk of the senate . 10,480 00
Chap.SlO
192
Acts, 1952. — Chap. 310.
Item
0101-03
0101-04
0101-05
0101-06
0101-07
0101-30
0101-51
0101-52
0101-53
0101-54
0101-56
0101-60
For the salary of the assistant clerk of the
senate .......
For clerical assistance to the clerk of the
senate, including not more than two per-
manent positions .....
For the salary of the chaplain of the senate .
For personal services of the counsel to the
senate and assistants, including not more
than four permanent positions; provided,
that notwithstanding any provisions of law
to the contrary, the present counsel to the
senate may continue to serve in said
oflBce subject to the will of the senate
For clerical and other assistance to the sen-
ate committee on rules, including not
more than six permanent positions; pro-
vided, that notwithstanding any provision
of law to the contrary, the present clerk of
the senate committee on rules may con-
tinue to serve in said oflBce subject to the
will of the senate .....
For expenses of senators, including travel, to
be in addition to any amount heretofore
appropriated for the purpose .
For stationery for the senate, purchased by
and with the approval of the clerk .
For expenses of the committee on rules on
the part of the senate ....
For expenses of the counsel to the senate
For expenses of the senate clerk's ofEce
For the expenses of the senate committee on
ways and means, including not more than
two permanent positions
For traveling and such other expenses of the
committees of the senate as may be author-
ized by order of the senate
Total
$7,980 00
10,180 00
1,980 00
34,480 00
25,020 00
25,000 00
600 00
1,000 00
500 00
200 00
10,500 00
1,000 00
$320,170 00
House of Representatives.
0102-01 For the compensation of representatives, to
be in addition to any amount heretofore
appropriated for the purpose . $1,093,500 00
0102-02 For the salary of the clerk of the house of
representatives ..... 10,480 00
0102-03 For the salary of the assistant clerk of the
house of representatives .... 7,980 00
0102-04 For clerical assistance to the clerk of the
house of representatives, including not
more than three permanent positions . 14,800 00
0102-05 For the salary of the chaplain of the house
of representatives ..... 1,980 00
0102-06 For personal services of the counsel to the
house of representatives and assistants,
including not more than six permanent
positions 61,280 00
0102-07 For clerical and other assistance to the house
committee on rules, including not more
than eight permanent positions . . 35,100 00
0102-08 For clerical and other assistance to the house
committee on ways and means, including
not more than five permanent positions,
to be in addition to any amoimt heretofore
appropriated for the purpose . 30,980 00
Acts, 1952. — Chap. 310.
193
It«m
0102-30 For expenses of representatives, including
travel, to be in addition to any amount
heretofore appropriated for the purpose .
0102-51 For stationery for the house of representa-
tives, purchased by and with the approval
of the clerk ......
0102-52 For expenses of the committee on rules on
the part of the house of representatives .
0102-53 For expenses of the counsel to the house of
representatives .....
0102-54 For expenses of the clerk's oflBce, house of
representatives .....
0102-56 For expenses of the house committee on
ways and means, to be in addition to any
amount heretofore appropriated for the
purpose ......
0102-60 For traveling and such other expenses of the
committees of the house of representatives
as may be authorized by order of the house
of representatives .....
Total
$148,000 00
800 00
4,000 00
850 00
500 00
5,000 00
1,000 00
$1,416,250 00
Sergeant-at'Arms.
0103-01 For the salary of the sergeant-at-arms and
the sergeant-at-arms on the part of the
house of representatives . . . $11,960 00
0103-02 For clerical and other assistance employed
by the sergeant-at-arms, including not
more than four permanent positions . . 15,220 00
0103-03 For the salaries of the doorkeepers of the
senate and house of representatives, with
the approval of the sergeant-at-arms, in-
cluding not more than two permanent
positions 10,680 00
0103-04 For the salaries of assistant doorkeepers of
the senate and house of representatives and
of general court oflBcers, with the approval
of the sergeant-at-arms, including not
more than thirty-two permanent positions 126,530 00
0103-05 For compensation of the pages of the senate
and house of representatives, with the
approval of the sergeant-at-arms, includ-
ing not more than twenty-three permanent
positions ...... 36,120 00
0103-06 For the salaries of clerks employed in the
legislative document room, including not
more than four permanent positions . 16,100 00
0103-30 For the compensation for travel of employees
of the sergeant-at-arms authorized by law
to receive the same .... 35,000 00
0103-51 For contingent expenses of the senate and
house of representatives and necessary ex-
penses in and about the state house, with
the approval of the sergeant-at-arms 17,000 00
0103-52 For the payment of witness fees to persons
summoned to appear before committees of
the general court, and for expenses inci-
dental to summoning them, with the ap-
proval of the sergeant-at-arms 200 00
0103-55 For the emergency services of a physician and
for medical supplies in the state house dur-
ing the legislative session, subject to the
194
Acts, 1952. — Chap. 310.
Item
0110-02
0110-03
0110-04
0110-05
0110-06
0110-30
approval of the sergeant-at-arms; pro-
vided, that section twenty-one of chapter
thirty of the General Laws shall not apply
to the payments made imder this item . $1,700 00
Total $270,510 00
Other Expenses.
For printing, binding and paper ordered by
the senate and house of representatives,
or by concurrent order of the two branches,
for the year nineteen hundred and fifty-
three and the previous year, with the ap-
proval of the clerks of the respective
branches, to be in addition to any amount
heretofore appropriated for the purpose . $200,000 00
For printing the manual of the general court
with the approval of the clerks of the two
branches 11,000 00
For expenses in connection with the publica-
tion of the bulletin of committee hearings
and of the daily list, with the approval of
the joint committee on rules, including
not more than two permanent positions . 50,000 00
For telephone service .... 20,000 00
For biographical sketches of certain state and
federal officials 4,200 00
For traveling and such other expenses of
joint committees of the general court as
may be authorized by joint order of the
general court 8,000 00
Total $293,200 00
Total, Legislative .... $2,300,130 00
Service of the Judiciary.
Supreme Judicial Court.
0301-01 For the salaries of the chief justice and of the
six associate justices .... $130,500 00
0301-02 For traveling allowances and expenses . 2,800 00
0301-03 For the salary of the clerk for the common-
wealth 10,420 00
0301-04 For clerical assistance to the clerk . . 3,490 00
0301-05 For law clerks and clerical assistance for the
justices 47,620 00
0301-06 For office supplies, services and equipment . 6,000 00
0301-07 For the salaries of the officers and messengers 5,805 00
0301-08 For the commonwealth's part of the salary
of the clerk for the county of Suffolk . 1,500 00
0302-01 For the salary of the reporter of decisions . 7,000 00
0302-02 For the service of the reporter of decisions,
including not more than four permanent
positions ...... 18,390 00
Total $233,525 00
Superior Court.
0305-01 For the salaries of the chief justice and of
the thirty-one justices .... $513,000 00
0305-02 For traveling allowances and expenses . 27,500 00
Acts, 1952. — Chap. 310.
195
Item
0305-03
0305-04
0305-11
0305-12
0305-13
0308-01
0310-01
For the salary of the assistant clerk of Suffolk
county $1,500 00
For expenses authorized by section twenty-
eight of chapter two hundred and twelve of
the General Laws 18,940 00
For compensation of justices of district courts
while sitting in the superior court . . 9,000 00
For expenses of justices of district courts
while sitting in the superior court . . 1,850 00
For reimbursing certain counties for com-
pensation of certain special justices for
serv'ices in holding sessions of district
courts in place of the justice, while sitting
in the superior court .... 3,000 00
Total $574,790 00
Judicial Council:
For the service of the judicial council . . $7,000 00
Administrative Committee of District
Courts:
For the service of the administrative com-
mittee of district courts .... $6,000 00
Administrative Committee of Probate and Insolvency Courts.
0320-01 For the compensation of judges of probate
when acting for other judges of probate . $5,000 00
0320-02 For expenses of judges of probate when act-
ing for other judges of probate . . 1,500 00
0320-03 For reimbursing officials for premiums paid
for procuring sureties on their bonds, as
provided by law ..... 500 00
0320-04 For expenses of the administrative com-
mittee of probate courts . . 300 00
Total $7,300 00
Probate and Insolvency Courts.
For the salaries of judges of probate, regis-
ters of probate, assistant registers and
clerical assistance to registers of the
several counties:
Barnstable :
0321-01 Judge of probate $9,500 00
0321-02 Register 6,000 00
0321-03 Assistant register 4,000 00
0321-04 Clerical assistance to register, including
not more than three permanent posi-
tions 8,980 00
0322-01 Judge of probate . . • . . . 9,500 00
0322-02 Register 6,500 00
0322-03 Assistant register 4,500 00
0322-04 Clerical assistance to register, including
not more than five permanent positions 14,130 00
196
Acts, 1952. — Chap. 310.
Item
Bristol:
0323-01 Two judges of probate .... $23,000 00
0323-02 Register 8,000 00
0323-03 Two assistant registers .... 10,600 00
0323-04 Clerical assistance to register, including
not more than thirteen permanent posi-
tions 37,605 00
0324-01 Judge of probate 4,000 00
0324-02 Register 4,000 00
0324-04 Clerical assistance to register, including not
more than one permanent position . . 2,880 00
0325-01 Two judges of probate .... 23,000 00
0325-02 Register 8,500 00
0325-03 Three assistant registers . . . 16,500 00
0325-04 Clerical assistance to register, including not
more than sixteen permanent positions . 48,390 00
Franklin :
0326-01 Judge of probate 9,500 00
0326-02 Register 6,000 00
0326-03 Assistant register 4,000 00
0326-04 Clerical assistance to register, including not
more than two permanent positions 5,760 00
Hampden :
0327-01 Two judges of probate .... 23,000 00
0327-02 Register 8,000 00
0327-03 Three assistant registers . . 15,000 00
0327-04 Clerical assistance to register, including not
more than eleven permanent positions . 35,390 00
Hampshire:
0328-01 Judge of probate 9,500 00
0328-02 Register 6,000 00
0328-03 Assistant register 4,000 00
0328-04 Clerical assistance to register, including not
more than two permanent positions . 6,275 00
Middlesex:
0329-01 Three judges of probate .... 40,500 00
0329-02 Register 10,000 00
0329-03 Five assistant registers .... 28,500 00
0329-04 Clerical assistance to register, including not
more than forty permanent positions . 122,275 00
N'fl.iitiiickGti *
0330-01 Judge of probate 4,000 00
0330-02 Register 4,000 00
0330-04 Clerical assistance to register . . . 1,195 00
Norfolk:
0331-01 Two judges of probate .... 27,000 00
0331-02 Register 8,500 00
0331-03 Three assistant registers . . . 16,500 00
0331-04 Clerical assistance to register, including
not more than fifteen permanent positions 44,270 00
Plsrmouth:
0332-01 Judge of probate 9,500 00
0332-02 Register 6,500 00
0332-03 Assistant register 4,500 00
0332-04 Clerical assistance to register, including
not more than six permanent positions . 19,230 GO
Acts, 1952. — Chap. 310.
197
Item
Suffolk:
0333-01
Three judges of probate ....
$43,500 00
0333-02
Register ......
10,000 00
0333-03
Five assistant registers ....
28,500 00
0333-04
Clerical assistance to register, including not
more than forty-eight permanent posi-
tions ......
147,890 00
Worcester:
0334-01
Two judges of probate ....
23,000 00
0334-02
Register ......
8,500 00
0334-03
Three assistant registers
16,500 00
0334-04
Clerical assistance to register, including not
more than fifteen permanent positions .
45,500 00
0340-01
0340-02
0345-01
0350-01
0351-01
0352-01
0354-01
0355-01
0356-01
0357-01
0358-01
0359-01
Total
Land Court.
For the salaries of the judge, associate judges
and the recorder, including not more than
four permanent positions
For the service of the land court, including
not more than thirty-two permanent posi-
tions .......
Total
Pensions for Certain Retired Justices.
For pensions of retired judges, as authorized
by law
District Attorneys.
For the salaries of the district attorney and
assistants for the Suffolk district, including
not more than fourteen permanent posi-
tions .......
For the salaries of the district attorney and
assistants for the northern district, includ-
ing not more than seven permanent posi-
tions .......
For the salaries of the district attorney and
assistants for the eastern district, including
not more than five permanent positions
For the salaries of the district attorney and
assistants for the southern district, includ-
ing not more than four permanent positions
For the salaries of the district attorney and
assistants for the middle district, including
not more than five permanent positions .
For the salaries of the district attorney and
assistants for the western district, including
not more than three permanent positions .
For the salaries of the district attorney and
assistant for the northwestern district, in-
cluding not more than two permanent
positions ......
For the salaries of the district attorney and
assistants for the Norfolk district, includ-
ing not more than four permanent positions
For the salaries of the district attorney and
assistants for the Plymouth district, in-
cluding not more than three permanent
positions ......
$1,051,770 00
$56,500 00
195,800 00
$252,300 00
$80,000 00
$97,700 00
46,400 00
23,880 00
23,510 00
23,880 00
15,580 00
9,180 00
18,000 00
14,500 00
198
Acts, 1952. — Chap. 310.
Item
0365-01
For traveling expenses necessarily incurred
by the district attorneys, except in the
Suffolk district, including expenses incurred
in previous years ..... $7,000 00
Total $279,630 00
Board of Probation.
0370-01 For the service of the board, including not
more than forty-six permanent positions .
$163,198 00
Board of Bar Examiners.
0380-01 For the service of the board, including not
more than six permanent positions .
$34,390 00
Suffolk County Court House.
0385-01 For reimbursing the city of Boston for thirty
per cent of the cost of maintenance of the
Suffolk county court house, as provided by
and subject to the conditions of section six
of chapter four hundred and seventy-four
of the acts of nineteen hundred and thirty-
five, to be in addition to any amount
heretofore appropriated for the purpose;
provided, that this appropriation shall not
be construed as fixing the specific amount
for which the commonwealth shall be liable
on account of said maintenance
Total, Judiciary ....
$150,000 00
$2,839,903 00
0401-01
0401-02
0401-03
0401-04
0402-01
0402-02
0403-01
0403-02
0403-03
0403-05
Service of the Executive Department.
For the salary of the governor . . . $20,000 00
For the salaries of officers and employees in
the governor's office .... 138,000 00
For postage, printing, office and other con-
tingent expenses, including travel, of the
governor 45,000 00
For maintenance expenses of the governor's
automobile 1,800 00
Total $204,800 00
For the salary of the lieutenant-governor . $8,000 00
For personal services for the lieutenant-gov-
ernor's office ...... 14,260 00
Total $22,260 00
For the salaries of the eight councilors . $24,000 00
For personal services for the councU . . 17,340 00
For postage, printing, stationery, traveling
and contingent expenses of the governor
and council 14.500 00
For travel and expenses of the lieutenant-
governor and council from and to their
homes 4,500 00
Total
$60,340 00
Acts, 1952. — Chap. 310.
199
Item
0405-01
0406-01
For the cost, not to exceed fifteen thousand
dollars, of entertainment of distinguished
visitors to the commonwealth; for the
payment of extraordinary expenses not
otherwise provided for; and for transfers
to appropriation accounts where the
amounts otherwise available are insuffi-
cient; provided, that requests for such
transfers shall be referred to the commis-
sion on administration and finance which,
after investigation, shall submit for the
approval of the governor and council its
written recommendation as to the amount
of funds required, with facts pertinent
thereto ......
For the service of the civil defense agency, as
authorized by chapter six hundred and
thirty-nine of the acts of nineteen hundred
and fifty and chapter five hundred and
twenty-two of the acts of nineteen hun-
dred and fifty-one .....
Total, Executive Department
$100,000 00
235,500 00
$622,900 00
Service of the Military Division.
Adjutant General.
0420-01 For the salary of the adjutant general . $11,115 00
0420-02 For the office of the adjutant general, includ-
ing not more than twenty-two permanent
positions 103,051 GO
Militia:
0421-01 For allowances to companies and other ad-
ministrative units, to be expended under
the direction of the adjutant general . 176,000 00
0421-02 For officers' uniform allowances, as author-
ized by paragraph (c) of section one hun-
dred and twenty of chapter thirty-three
of the General Laws .... 65,000 00
0421-05 For certain camps of instruction . . 40,237 00
0421-07 For transportation of officers and non-com-
missioned officers to and from military
meetings and regimental and battalion
drills 3,400 00
0421-13 For compensation for special and miscel-
laneous duty and for expenses of operation
of the twenty-sixth division; provided,
that any provision of law to the contrary
notwithstanding, sums not exceeding in
the aggregate eight thousand two hun-
dred and fifty dollars may be expended for
compensation for two full time positions . 26,332 00
0421-14 For compensation for accidents and injuries
sustained in the performance of military
duty 3,750 00
0421-15 To cover certain small claims for damages to
private property arising from military
maneuvers . ... . . . 1,850 00
0421-17 For the military reservation, located in
Barnstable countj'', including compensation
of the commissioner .... 1,366 00
0421-21 For the service of the air national guard 7,505 00
200
Acts, 1952. — Chap. 310.
Item
0421-50
State Guard:
The unexpended balance remaining in ap-
propriation item 0410-01 of section two of
chapter eight hundred and twenty-five of
the acts of nineteen hundred and fifty is
hereby reappropriated. Said item 0410-
01, as amended by chapter four hundred
and ninety of the acts of nineteen hundred
and fifty-one, is hereby further amended
in lines thirteen and fourteen by striking
out the words "nineteen hundred and
fifty-two" and inserting in place thereof
the words: — nineteen hundred and fifty-
three.
Total
$439,606 00
State Quartermaster.
0423-01 For the office of the state quartermaster, in-
cluding not more than seven permanent
positions ......
0423-02 For the operation of armories of the first
class, including not more than eighty-five
permanent positions ....
Militia:
0424-01 For reimbursement for rent and maintenance
of armories not of the first class
0424-02 For the Camp Curtis Guild rifle range, in-
cluding not more than seven permanent
positions ......
0424-05 For certain storage and maintenance facili-
ties, including not more than thirteen per-
manent positions .....
0424-08 For certain national guard aviation facilities
Total
State Surgeon:
0426-01 For the service of the state surgeon, includ-
ing not more than three permanent posi-
tions .......
Armory Commission:
0428-01 For compensation of one member and for ex-
penses of the armory commission
Total, Military Division
$33,015 00
607,350 00
34,900 00
29,045 00
109,875 00
34,315 00
$848,500 00
$34,175 00
170 00
$1,322,451 00
Boards and Commissions serving under Governor and Council.
Service of the Commission on Administration and Finance.
Expenditures under the following three
appropriations are subject to the ap-
proval of the commission on adminis-
tration and finance:
0440-10 For telephone service in the state house $120,000 00
0440-1 1 For the purchase of paper used in the execu-
tion of the contracts for state printing,
other than legislative .... 76,000 00
Acts, 1952. — Chap. 310.
201
Item
0440-31
0441-01
0442-01
0443-01
0444-01
0445-01
For personnel appeal boards, as authorized
by chapter four hundred and eighty-five
of the acts of nineteen hundred and forty-
five $250 00
For the oflBce of the commissioner of ad-
ministration, including not more than
fourteen permanent positions; provided,
that the comptroller shall -transfer to the
General Fund the sum of twenty-one
thousand seven hundred and twenty-one
dollars from the Highway Fund 106,630 00
For the bureau of the comptroller, including
not more than one hundred and seventeen
permanent positions; provided, that the
comptroller shall transfer to the General
Fund the sum of ninety-nine thousand
nine hundred dollars from the Highway
Fund 494,512 00
For the bureau of the budget commissioner,
including not more than nine permanent
positions; provided, that the comptroller
shall transfer to the Greneral Fimd the
sum of eleven thousand three hundred and
forty-nine dollars from the Highway Fund 54,864 00
For the bureau of the purchasing agent, in-
cluding not more than seventy-one per-
manent positions; provided, that the
comptroller shall transfer to the General
Fund the sum of fifty-six thousand six
hundred and eighty-nine dollars from the
Highway Fund 278,975 00
For the division of personnel and standard-
ization, including not more than thirty-
seven permanent positions; provided, that
the comptroller shall transfer to the Gen-
eral Fund the sum of thirty-nine thousand
five hundred and eighty-nine dollars from
the Highway Fund .... 186,555 00
Total $1,316,786 00
Service of the State Superintendent of Buildings.
For the office of the superintendent, including
not more than five permanent positions $26,330 00
For the maintenance of the state house and
the Ford building, including not more than
one hundred and sixty-seven permanent
positions 733,330 00
Total $759,660 00
Service of the New England Interstate Water Pollution Control Commission.
0455-01 For expenses of the New England interstate
water pollution control commission, as au-
thorized by chapter four hundred and
twenty-one of the acts of nineteen hundred
and forty-seven, and for compensation and
expenses of the commissioners, as provided
by section four of said chapter $7,730 00
Service of the State Planning Board.
0456-01 For the service of the state planning board,
including not more than thirteen perma-
nent positions .....
0450-01
0450-02
$72,813 00
202
Acts, 1952. — Chap. 310.
Service of the Commissioners on Uniform State Laws.
Item
0457-01 For the expenses of the commissioners $1,775 00
Service of the State Library.
0459-01 For the service of the state library, including
not more than thirty-three permanent posi-
tions $126,266 00
Service of the Art Commission.
0460-01 For expenses of the commission . . . $670 00
Service of the Ballot Law Commission.
0461-01 For compensation and expenses of the com-
missioners, including not more than three
permanent positions .... $3,085 00
Service of the Massadiuseits Commission on Discrimination.
0462-01 For the service of the Massachusetts commis-
sion on discrimination, including not more
than thirteen permanent positions . $69,030 00
Service of the Emergency Housing Commission.
0463-01 This item postponed.
Service of the Outdoor Advertising Authority.
0464-01 For the service of the outdoor advertising
authority, including not more than ten
permanent positions .... $43,310 00
Service of the Massachusetts Public Building Commission.
0465-01 For the service of the Massachusetts public
building commission, including not more
than thirteen permanent positions . . $67,885 00
For the Maintenance of the Mount Greylock War Memorial.
0466-01
$1,170 00
For the maintenance of the Mount Greylock
war memorial
For the Maintenance of the Old State House.
0467-01 For the contribution of the commonwealth
toward the maintenance of the old pro-
vincial state house .... $1,500 00
Service of the Commission on Alcoholism.
0468-01 For the service of the commission on alcohol-
ism, as authorized by chapter five hundred
and thirteen of the acts of nineteen
hundred and forty-seven, including not
more than one permanent position . . $10,745 00
Service of the Youth Service Board.
0480-01 For administration of the youth service
board, as authorized by chapter three
hundred and ten of the acts of nineteen
hundred and forty-eight, including not
more than sixty-eight permanent posi-
tions $473,857 00
Acts, 1952. — Chap. 310.
203
Item
0480-10
0481-01
0482-01
0483-01
0484-01
Instruction in public schools:
For reimbursement of cities and towns for
tuition of children attending the public
schools $12,000 00
For the maintenance of and for certain im-
provements at the institutions under the
control of the youth service board, with
the approval of said board:
Industrial school for boys, including not
more than one hundred and twenty-one
p)ermanent positions .... 444,120 00
Industrial school for girls, including not more
than fifty permanent positions . . 268,210 00
Lyman school for boys, including not more
than one hundred and fifty-eight perma-
nent positions 717,260 00
For the operation of a detention home, in-
cluding not more than six permanent posi-
tions 103,645 00
Total $2,019,092 00
Service of the Massachusetts Aeronautics Commission.
0490-01 For the service of the Massachusetts aero-
nautics commission, including not more
than seventeen permanent positions
$63,806 00
Service of the State Airport Management Board.
0492-01 For the service of the state airport manage-
ment board, as authorized by chapter six
hundred and thirty-seven of the acts of
nineteen hundred and forty-eight, includ-
ing not more than twelve permanent posi-
tions $61,005 00
0493-01 For the operation of the Logan airport, in-
cluding not more than one hundred and
eleven permanent positions . . . 693,145 00
0494-01 For the operation of the Hanscom field; pro-
vided, that permanent civil service em-
ployees of the field whose positions are
abolished as of June thirtieth, nineteen
hundred and fifty-two, shall be transferred
to positions in the service of the common-
wealth of equal or lower grade as estab-
lished by the division of personnel, regard-
less of whether or not the title is similar,
upon request of the appointing authority
of the department to which the employee
is to be transferred and with the consent
of the employee; such transfer shall be
without loss of seniority, retirement or
other rights 25,000 00
Total . ... . . . $779,150 00
Total, Boards and Commissions ser\'ing
under Governor and Council . . $5,344,473 00
204
Acts, 1952. — Chap. 310.
Service op the Secretary of the Commonweai^tb.
Item
0501-01
0501-02
0602-01
0502-02
For the salary of the secretary . $9,000 00
For the office of the secretary, including not
more than seventy-two permanent posi-
tions 320,400 00
For the purchase of certain supplies, equip-
ment and repairs necessary in connection
with the reproduction of the manuscript
collection designated "Massachusetts Ar-
chives," and for the furnishing of photo-
static copies of corporation papers, election
papers and acts and resolves . . . 6,375 00
For the purchase and distribution of copies
of certain journals of the house of repre-
sentatives of Massachusetts Bay from
seventeen hundred and fifteen to seventeen
hundred and eighty, inclusive, as author-
ized by chapter four hundred and thirteen
of the acts of nineteen hundred and twenty 750 00
Total $336,525 00
Printing Laws, etc. :
0503-01 For printing and distributing the pamphlet
edition and for printing and binding the
blue book edition of the acts and resolves
of the year nineteen hundred and fifty-
three, to be in addition to any amount
heretofore appropriated for the purpose . $29,000 00
0503-02 For the printing of reports of decisions of the
supreme judicial court, to be in addition to
any amount heretofore appropriated for
the purpose ...... 11,660 00
0503-03 For printing and binding pubhc documents,
to be in addition to any amount heretofore
appropriated for the purpose . . . 6,000 00
Total $46,660 00
Matters Relating to Elections :
0504-01 For preparing, printing and distributing bal-
lots, and other miscellaneous expenses for
primary and other elections, including not
more than five permanent positions
0504-04 For expenses of publication of lists of candi-
dates and forms of questions before state
elections ......
0504-05 For services and expenses of the electoral
college .......
0504-07 This item postponed.
Total
Medical Examiners' Fees:
0605-01 For medical examiners' fees
$207,125 00
17,500 00
695 00
$225,320 00
$1,500 00
Commission on Interstate Co-operation:
0506-01 For the service of the commission, including
not more than two permanent positions .
25,450 00
Total, Secretary of the Commonwealth . $635,455 00
Acts, 1952. — Chap. 310.
205
Service of the Treasurer and Receiver-General.
Itern
0601-01
0601-02
0602-01
0604-01
0604-03
0604r^4
0606-01
For the salary of the treasurer and receiver-
general $9,000 00
For the office of the treasurer and receiver-
general, including not more than forty-two
permanent positions; provided, that the
comptroller shall transfer to the General
Fimd the sum of eighty-seven thousand
five hundred dollars from the Highway
Fund 273,010 00
Total . . . . $282,010 00
Commissioners on Firemen's Relief:
For expenses of administration and for relief
disbursed by the commissioners on fire-
men's relief $15,300 00
State Board of Retirement:
For the administrative office of the board,
including not more than sixteen permanent
positions 62,400 00
For the pajTnent of the commonwealth's
share in financing the state employees' re-
tirement system, as provided by chapter
thirty-two of the General Laws; provided,
that the comptroller shall transfer to the
General Fimd the sum of one hundred and
twenty thousand dollars from the Highway
Fund 2,400,000 00
The unexpended balance remaining in item
0604-04 of section two of chapter eight
hundred and six of the acts of nineteen
himdred and fifty-one is hereby reappro-
priated.
Total $2,462,400 00
Emergency Finance Board:
For administrative expenses of the board, in-
cluding not more than one permanent posi-
tion $12,719 00
Total, Department of the Treasurer and
Receiver-General .... $2,772,429 00
Service op the Auditor of the Commonwealth.
0701-01 For the salary of the auditor . . $9,000 00
0701-02 For the office of the auditor, including not
more than thirty-five permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fimd the sum of
forty-eight thousand dollars from the High-
way Fund 197,155 00
0701-23 For an audit of the accounts of the Metro-
politan Transit Authority . 21,165 00
0701-24 For the expense of an audit of the books of
the New Bedford, Woods Hole, Martha's
Vineyard and Nantucket Steamship Au-
thority, to be reimbursed by said authority
as provided by law .... 3,330 00
Total, Department of the Auditor . $230,650 00
206
Acts, 1952. — Chap. 310.
Service of the Department of the Attorney General.
Item
0801-01
0801-02
0802-01
0802-02
0803-10
For the salary of the attorney general . . $12,000 00
For the office of the attorney general, includ-
ing not more than forty-two permanent
positions 256,833 00
For the settlement of certain claims, as pro-
vided by law, on account of damages by
cars owned by the commonwealth and
operated by state employees . . 10,000 00
For the settlement of certain small claims, as
authorized by sections three A and three B
of chapter twelve of the General Laws . 5,000 00
Total $283,833 00
Special :
For hearings and special pleadings, including
legal assistants and stenographic services
as needed in litigations re New York, New
Haven & Hartford Railroad Company
(Old Colony Division); provided, that no
salaries or expenses of permanent em-
ployees shall be charged to this item . $5,500 00
Total, Department of the Attorney Gen-
eral $289,333 00
0901-01
0901-02
0901-11
0901-21
0901-22
0905-01
0905-03
Service of the Department of Agriculture.
For the salary of the commissioner . $7,000 00
For the office of the commissioner, including
not more than twenty-three permanent
positions 110,084 00
For compensation and expenses of members
of the advisory board .... 428 00
For apiary inspection, including not more
than one permanent position, and for the
reimbursement of owners of diseased bees
as provided in section thirty-four of chap-
ter one hundred and twenty-eight of the
General Laws .... 7,070 00
For a program of soil conservation, as author-
ized by chapter five hundred and thirty-
one of the acts of nineteen hundred and
forty-five, as amended . . . . 1,719 00
0906-01
Total $126,301 00
Division of Dairying and Animal Hus-
bandry :
For the service of the division, including not
more than twelve permanent positions . $60,695 00
For administering the law relative to the in-
spection of barns and dairies by the de-
partment of agriculture, including not
more than fourteen permanent positions . 75,630 00
Total $136,325 00
Milk Control Board :
P''or the service of the board, including not
more than thirty-four permanent posi-
Acts, 1952. — Chap. 310.
207
Item
0907-01
0907-06
0907-07
0907-08
0908-01
0909-01
0910-01
tions; provided, that permanent civil
service employees of the milk control
board may be transferred to positions in
the service of the commonwealth of equal
or lower grade, as established by the di-
vision of personnel, regardless of whether
or not the title is similar, upon request of
the appointing authority of the depart-
ment to which the employee is to be trans-
ferred and with the consent of the em-
ployee. Such transfer shall be without
loss of seniority, retirement or other rights $150,620 00
Division of Livestock Disease Control:
For the office of the director, including not
more than twenty-eight permanent posi-
tions and not more than fifty permanent
intermittent positions .... $173,510 00
For reimbursement of owners of horses killed
during the year nineteen hundred and
fifty-three and previous years, travel,
when allowed, of inspectors of animals,
incidental expenses of killing and burial,
quarantine and emergency services, and
for laboratory and veterinary supplies and
equipment . . . . 6,250 00
The unexpended balance remaining in ap-
propriation item 0907-07 of section two of
chapter five hundred and eighty of the
acts of nineteen hundred and fifty is hereby
reappropriated.
For the reimbursement of certain towns for
compensation paid to inspectors of animals
for the year nineteen hundred and fifty-
three and the previous year . . 4,400 00
Total $184,160 00
Division of Markets:
For the service of the division, including not
more than twelve permanent positions . $80,095 00
Division of Plant Pest Control and Fairs:
For the service of the division, including not
more than three permanent positions . 44,345 00
State Reclamation Board:
For the service of the board, including not
more than four permanent positions 14,397 00
Total, Department of Agriculture $736,243 00
Service of the Department of Conservation.
1001-01 For the salary of the commissioner . . $7,000 00
1001-02 For the office of the commissioner, including
not more than sixteen permanent positions 98,625 00
1001-03 For expenses of operation and maintenance
of boats, including not more than four
permanent positions .... 37,190 00
1001-31 For the suppression of insect pests and shade
tree diseases, including gypsy and brown
tail moths and Japanese beetles, and in-
208
Acts, 1952. — Chap. 310.
It«m
eluding not more than seven permanent
positions, and for reimbursement to cities
and towns of a proportion of their expenses
for such work, as provided by law .
$152,280 00
Special:
1001-32 Item 1001-32 of section two of chapter eight
hundred and six of the acts of nineteen
hundred and fifty-one is hereby amended
by striking out the wording and inserting
in place thereof the following: — For the
control and eradication of Dutch Elm Di-
sease in Berkshire County; provided, that
the county of Berkshire, in co-operation
with the Department of Conservation,
shall expend as provided in section eighteen
B of chapter one hundred and thirty-two
of the General Laws an amount equal to
the sum made available by this item.
Total
$295,095 00
Division of Forestry:
1002-01 For the office of the director, including not
more than five permanent positions . . $21,310 00
1002-11 For aiding towns in the purchase of equipH
ment for extinguishing forest fires, for the
year nineteen hundred and fifty-three and
for previous years, as provided by section
eleven of chapter forty of the Greneral
Laws 1,000 00
1002-12 For the service of the state fire warden, in-
cluding not more than sixteen permanent
positions 316,730 00
1002-14 For the expenses of forest fire patrol, as au-
thorized Dy section twenty-eight A of chaf>-
ter forty-eight of the General Laws 38,650 00
1002-15 For reimbursement to certain towns for ex-
tinguishing forest fires .... 1,000 00
1002-18 For the cost of establishing forest cutting
practices, including not more than two
permanent positions .... 8,605 00
1002-21 For the development of state forests, includ-
ing not more than thirty-three permanent
positions 212,293 00
1002-26 For certain farm forestry projects in co-oper-
ation with the United States Forest Service
and the county of Berkshire; provided,
that no expenditure shall be made under
this item until the county of Berkshire
shall have deposited the sum of one thou-
sand five hundred and fifteen dollars in the
state treasury for this project . . 6,060 00
1002-27 For certain farm forestry projects in co-oper-
ation with the United States Forest Service
and the county of Essex; provided, that no
expenditure shall be made under this item
until the county of Essex shall have de-
posited the sum of one thousand five hun-
dred and fifteen dollars in the state treasury
for this project 6,060 00
1002-30 For expenses of the Northeastern Forest Fire
Protection Commission, as authorized by
chapter four hundred and fifty-eeven of
Acts, 1952. — Chap. 310.
209
Item
the acts of nineteen hundred and forty-
nine, and for compensation of commis-
sioners, as provided by section four of said
chapter $1,250 00
Total $612,958 GO
Division of Law Enforcement:
1003-01 For the office of the director, including not
more than five permanent positions . $20,100 00
1003-02 For the administration and enforcement of
laws relative to shellfish and other marine
fisheries, and for regulating the sale and
cold storage of fresh food fish, including
not more than seventeen permanent posi-
tions 76,294 00
1003-03 For conservation officers, including not more
than thirty-nine permanent positions;
provided, that the comptroller shall trans-
fer to the General Fund the sum of ninety-
two thousand seven hundred and eighty
dollars from the Inland Fisheries and Game
Fund 186,560 00
Total $281,954 00
1004-70
1004^73
1004-84
Division of Marine Fisheries:
For the service of the office of the director,
including not more than eight permanent
positions, and for the administration of the
activities provided for under items 1004-84
and 1004-85
This item omitted.
For the reimbursement to certain coastal
cities and towns of a part of the cost of
projects for the propagation of shellfish,
as authorized by section twenty of chapter
one himdred and thirty of the General
Laws; provided, that the expenditure by
said cities and towns of funds herein pro-
vided shall not be subject to appropriation
as required by section fifty-three of chapter
forty-four of the General Laws
For the reimbursement to certain coastal
cities and towns of a part of the cost of
projects for the suppression of enemies of
shellfish, as authorized by section twenty
of chapter one hundred and thirty of the
General Laws; provided, that the expen-
diture by said cities and towns of funds
herein provided shall not be subject to ap-
propriation as required by section fifty-
three of chapter forty-four of the General '
Laws .......
For the cost of construction and improvement
of certain fishways, as provided by law
For services and expenses of the Atlantic
States Marine Fisheries. Commission, as
authorized by chapter four hundred and
eighty-nine of the acts of nineteen hun-
dred and forty-one ....
1004-91 For bounties on seals ....
1004-85
1004-87
1004-90
$55,855 GO
12,500 00
7,500 00
12,571 GO
4,800 00
450 00
210
Acts, 1952. — Chap. 310.
Item
1004-93
For experimental work with and consultant
services of the Woods Hole Oceanographic
Institute, for the purpose of increasing the
supply of shellfish in the commonwealth .
Total
Total, Department of Conservation
$20,000 00
$113,676 00
$1,303,683 00
Service of the Department of Banking and Insurance.
1101-01
1101-02
1102-01
1103-01
1103-02
1105-01
Division of Banks:
For the salary of the commissioner . $12,000 00
For the office of the commissioner, including
not more than one hundred and sixty-one
permanent positions .... 793,029 00
For the office of the supervisor of loan
agencies, including not more than nine
permanent positions . . . 38,182 00
Total $843,211 00
Division of Insurance:
For the salary of the commissioner . . $12,000 00
For the service of the division, including ex-
penses of the board of appeal and certain
other costs of supervising motor vehicle
liability insurance, and including not more
than two hundred and thirty-six perma-
nent positions; provided, that contracts
or orders for the purchase of statement
blanks for the making of annual reports to
the commissioner of insurance shall not be
subject to the restrictions prescribed by
section one of chapter five of the Greneral
Laws; and, provided further, that the
comptroller shall transfer to the Greneral
Fund the sum of one hundred and seventy-
eight thousand seven hundred and eighty
dollars from the Highway Fund . . 1,043,800 00
Total $1,055,800 00
Division of Savings Bank Life Insurance:
For the service of the division, including not
more than thirty permanent positions . $130,547 00
Total $130,547 00
Total, Department of Banking and In-
surance $2,029,558 00
Service of the Department of Corporations and Taxation,
1201-01 For the salary of the commissioner
1201-02 For personal services of the department ex-
cept as otherwise provided, including not
more than six hundred and fifty-one per-
manent positions; provided, that the
comptroller shall transfer to the General
Fund the sum of one hundred and twenty-
$11,000 00
Acts, 1952. — Chap. 310.
211
Item
1201-03
1201-12
1201-22
eight thousand dollars from the Highway
Fund, the sum of one hundred and forty-
one thousand six hundred and eighty dol-
lars from amounts collected under chapter
sixty-four B of the General Laws and the
sum of one milHon six hundred and thirty-
seven thousand five hundred and forty
dollars from the receipts of the income tax . $2,486,995 00
For expenses of the department except as
otherwise provided for; provided, that the
comptroller shall transfer to the General
Fund the sum of twenty-one thousand
five hundred and fifty dollars from the
Highway Fund 107,750 00
For expenses of the division of field investi-
gation and temporary taxes . . . 23,580 00
For expenses for the administration of an
excise on meals; provided, that a sum
equivalent to the expenditures under this
item shall be transferred to the General
Fimd from amounts collected under chap-
ter sixty-four B of the General Laws . 27,690 00
Total $2,657,015 00
Income Tax Division:
1202-02 For expenses of the income tax division; pro-
vided, that a sum equivalent to the ex-
penditures under this item shall be trans-
ferred to the General Fund from receipts
of the income tax $341,762 00
Division of Accounts:
1203-01 For the service of the division, including not
more than one hundred and twenty-eight
permanent positions, partly chargeable to
item 1203-11 $615,854 00
1203-11 For expenses of auditing and installing sys-
tems of municipal accounts, the cost of
which is to be assessed upon the munici-
palities for which the work is done . . 61,900 00
1203-12 For the expenses of certain books, forms and
other material which may be sold to cities
and towns requiring the same for main-
taining their system of accounts . . 40,000 00
1203-21 For the service of the county personnel
board, including not more than six perma-
nent positions ..... 13,000 00
Total $730,754 00
Appellate Tax Board:
1204-01 For tne service of the board, including not
more than twenty-eight permanent posi-
tions $169,909 00
Reimbursement for Loss of Taxes:
1205-01 For reimbursing cities and towns for loss of
taxes on land used for state institutions
and certain other state activities, as certi-
fied by the commissioner of corporations
and taxation for the calendar year nineteen
hundred and fifty-two, and for the reim-
bursement of certain towns as authorized
212
Acts, 1952. — Chap. 310.
Item
by section seventeen B of chapter fifty-
eight of the General Laws; provided, that
the commissioner shall not include in any
distribution under this item any amounts
on account of land not included in such
distributions prior to January one, nine-
teen hundred and fifty, unless specifically
so authorized by legislative act
Total, Department of Corporations and
Taxation .....
$573,000 00
$4,472,440 00
Service of the Department of Education.
1301-01 For the salary of the commissioner $11,000 00
1301-02 For the oflSce of the commissioner, including
not more than sixty-one permanent posi-
tions 274,500 00
1301-06 For printing school registers and other school
blanks for cities and towns . 4,900 00
1301-07 For expenses of holding teachers' institutes . 970 00
1301-08 For aid to certain pupils in state teachers' col-
leges, under the direction of the department
of education 4,000 00
1301-10 For the service of the state building on New-
bury Street, Boston, including not more
than four permanent positions . . 27,190 00
1301-18 For expenses required for the operation of an
agency for surplus property . 16,730 00
1301-19 For reimbursement to cities and towns of a
portion of the cost of a program for ex-
tended school services for certain children
of certain employed mothers, as authorized
by sections twenty-six A to twenty-six F,
inclusive, of chapter seventy-one of the
General Laws 12,500 00
1301-20 For the Board of Education, including not
more than two permanent positions 8,845 00
1301-23 For printing guides for school curricula 22,000 00
1301-24 For the advancement of education for Ameri-
can citizenship, as authorized by chapter
six hundred and ninety-three of the acts
of nineteen hundred and fifty-one . . 9,154 00
1301-25 For expenses of the board of collegiate au-
thority 625 00
1301-28 For a program to secure fair educational prac-
tices 12,980 00
1301-29 For a program of sight saving classes and for
the reimbursement of certain cities and
towns as provided by law 20,250 00
1301-30 This item omitted.
1301-32 This item combined with item 1301-23.
1301-51 For assisting small towns in providing them-
selves with school superintendents, as pro-
vided by law 185,000 00
1301-53 For the reimbursement of certain towns for
the transportation of pupils as provided by
law; provided, that a sum equivalent to the
expenditures under this item shall be trans-
ferred to the General Fund from the re-
ceipts of the income tax , . . 1,925,000 00
1301-54 For the reimbursement of certain cities and
towns for a part of the expenses of main-
Acts, 1952. — Chap. 310.
213
Item
1301-55
taining agricultural and industrial voca-
tional schools as provided by law
For reimbursement of certain cities and towns
for adult English-speaking classes
Total
$3,509,930 00
95,000 00
$6,140,674 00
Summer School :
1302-01 For a summer school to be conducted at
Hyannis or elsewhere, with the approval of
the commissioner of education
$7,610 00
School Building Assistance Commission:
1303-01 For the school building assistance commis-
sion 62,109 00
1303-05 For reimbursement of certain cities and towns
for part of the cost of construction of school
projects, as authorized by chapter six hun-
dred and forty-five of the acts of nineteen
hundred and forty-eight as amended, to be
in addition to any amount heretofore ap-
propriated for the purpose; provided, that
a sum equivalent to the expenditures under
this item be transferred to the General
Fund from the receipts of the income tax . 1,900,000 00
Total $1,962,109 00
Community School Lunch Program:
1305-01 For the community school lunch program,
including not more than eighteen perma-
nent positions ..... $82,349 00
1305-05 For partial assistance in the furnishing of
lunches to school children, as authorized
by chapter five hundred and thirty-eight of
the acts of nineteen hundred and fifty-one;
provided, that notwithstanding any provi-
sions of law to the contrary, a sum equiva-
lent to the expenditures under this item
shall be transferred to the Greneral Fund
from the receipts of the income tax . . 650,000 00
Total $732,349 00
Division of Vocational Education :
1307-01 For the training of teachers for vocational
schools, to comply with the requirement of
federal authorities under the provisions of
the Smith-Hughes act, so called, including
not more than thirty-three permanent posi-
tions $107,010 00
Division of Vocational Rehabilitation:
1309-01 For the expenses of promotion of vocational
rehabihtation in co-operation with the fed-
eral government ..... $105,000 00
1309-02 For aid to certain persons receiving in-
struction in the courses for vocational
rehabilitation, as authorized by section
twenty-two B of chapter seventy-four of
the General Laws ..... 12,600 00
Total
$117,600 00
214
Acts, 1952. — Chap. 310.
Item
1311-01
Education of Deaf and Blind Pupils:
P'or education of deaf and blind pupils of the
commonwealth, as provided by section
twenty-six of chapter sixty-nine of the
General Laws .....
$814,800 00
Division of University Extension:
1313-01 For the university extension courses, includ-
ing not more than forty permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
one hundred and fifty-three thousand five
hundred and seventy-three dollars from
the Veterans' Services Fund
1313-05 For English-speaking classes for adults, in-
cluding not more than two permanent
positions ......
Total
$299,365 00
10,320 00
$309,685 00
Division of Immigration and Americani-
zation :
1315-01 For the service of the division, including not
more than twenty permanent positions
$81,846 00
Division of Public Libraries:
1316-01 For the service of the division, including not
more than twenty-two permanent positions
),155 00
Division of the Blind:
1317-01 For general administration and for instruc-
tion of the adult blind in their homes, in-
cluding not more than sixty-five perma-
nent positions $250,905 00
1317-08 For aiding the adult blind, subject to the con-
ditions provided by law, including the cost
of certain medical assistance and supplies,
to be in addition to any amount heretofore
appropriated for the purpose . . 967,130 00
1317-10 For expenses of administering and operating
the service of piano tuning \mder section
twenty-five of chapter sixty-nine of the
General Laws 22,500 00
1317-11 For the operation of local shops, including
not more than eleven permanent positions 156,130 00
1317-13 For the operation of the Woolson House in-
dustries, including not more than three
permanent positions .... 86,350 00
1317-15 For the operation of the salesroom and other
expenses in connection with the sale of
materials made by blind persons, including
not more than four permanent positions . 37,180 00
1317-16 For the operation of certain industries for
men, including not more than six perma-
nent positions ..... 335,255 00
1317-17 For the operation of a workshop for the blind
in the city of Springfield, as authorized by
chapter six hundred and sixty-six of the
acts of nineteen hundred and fifty-one,
including not more than two permanent
positions 39,896 00
Acts, 1952. — Chap. 310.
215
Item
1317-28
1319-01
1319-04
1319-08
For the promotion of vocational rehabilita-
tion of the blind in co-operation with the
federal government .... $15,000 00
Total $1,910,345 00
Teachers' Retirement Board:
For the service of the board, including not
more than thirty permanent positions $103,043 00
For reimbursement of certain cities and
towns for pensions to retired teachers, to
be in addition to any amount heretofore
appropriated for the purpose . 1,500,000 00
For the payment of the commonwealth's
share in financing the teachers' retirement
system, as provided by chapter thirty-two
of the General Laws as amended 5,340,000 00
Total $6,943,043 00
Massachusetts Maritime Academy:
1327-01 For administration, including not more than
two permanent positions . $9,626 00
1327-10 For maintenance of the academy and ship,
including not more than forty-nine per-
manent positions, with the approval of the
commissioner of education . . 317,737 00
1327-20 For the maintenance of the property at Hy-
annis, including not more than six perma-
nent positions, with the approval of the
commissioner of education . . 24,655 00
Total $352,018 00
For the maintenance of and for certain
improvements at the following state
teachers' colleges, and the boarding halls
attached thereto, with the approval of
the commissioner of education :
1330-01 State teachers' college at Bridgewater, in-
cluding not more than eighty-two perma-
nent positions; provided, that the comp-
troller shall transfer to the General Fund
the sum of nine thousand dollars from the
Veterans' Services Fimd . . $446,350 00
1330-21 State teachers' college at Bridgewater, board-
ing hall, including not more than thirty-
two permanent positions . 166,610 00
1331-01 State teachers' college at Fitchburg, includ-
ing not more than seventy-four permanent
positions; provided, that the comptroller
shall transfer to the General Fimd the sum
of twenty-five thousand dollars from the
Veterans' Services Fund . . . 416,930 00
1331-21 State teachers' college at Fitchburg, boarding
hall, including not more than eleven per-
manent positions ..... 91,890 00
1332-01 State teacners' college at Framingham, in-
cluding not more than eighty permanent
positions 341,010 00
1332-21 State teachers' college at Framingham,
boarding hall, including not more than
thirty permanent positions 136,930 00
216
Acts, 1952. — Chap. 310.
Item
1333-01 State teachers' college at Lowell, including
not more than fifty permanent positions;
provided, that the comptroller shall trans-
fer to the General Fund the sum of four
thousand dollars from the Veterans' Serv-
ices Fund $201,425 00
1334-01 State teachers' college at North Adams, in-
cluding not more than thirty-six permanent
positions; provided, that the comptroller
shall transfer to the Greneral Fund the sum
of six thousand dollars from the Veterans'
Services Fund 142,750 00
1334-21 State teachers' college at North Adams,
boarding hall, including not more than five
permanent positions .... 22,398 00
1335-01 State teachers' college at Salem, including
not more than sixty-one permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
five thousand seven hundred dollars from
the Veterans' Services Fund . 275,460 00
1336-01 State teachers' college at Westfield, including
not more than thirty-nine permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
eight thousand dollars from the Veterans'
Services Fund 159,840 00
1336-21 State teachers' college at Westfield, boarding
hall, including not more than two perma-
nent positions ..... 9,710 00
1337-01 State teachers' college at Worcester, includ-
ing not more than fifty-four permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
of five thousand dollars from the Veterans'
Services Fund 223,430 00
1339-01 Massachusetts school of art, including not
more than thirty-three permanent posi-
tions; provided, that the comptroller shall
transfer to the Greneral Fund the sum of
six thousand two hundred dollars from the
Veterans' Services Fund .... 205,914 00
Total $2,840,647 00
For the maintenance of and for certain im-
provements at the following textile in-
stitutes, with the approval of the com-
missioner of education and the trustees
thereof:
1340-01 Bradford Durfee technical institute, includ-
ing not more than thirty permanent posi-
tions, and including the sum of ten
thousand dollars which is to be assessed
upon the city of Fall River as a part of the
charges to be paid by said city to the com-
monwealth in the calendar year nineteen
hundred and fifty -two; provided, that the
comptroller shall transfer to the General
Fund the sum of twenty-nine thousand
two hundred and fifty dollars from the
Veterans' Services Fund
1341-01 Lowell textile institute, including not more
than one hundred and twenty-five perma-
$187,240 00
Acts, 1952. — Chap. 310.
217
Item
1342-01
nent positions, and including the sum of
ten thousand dollars which is to be assessed
upon the city of Lowell as a part of the
charges to be paid by said city to the com-
monwealth in the calendar year nineteen
hundred and fifty-two ; provided, that said
institute is hereby authorized to conduct
a summer school at no expense to the com-
monwealth, and for said purpose the insti-
tute may receive and expend income
derived therefrom; and, provided further,
that the comptroller shall transfer to the
General Fund the sum of seventy-six thou-
sand dollars from the Veterans' Services
Fund $738,250 00
New Bedford textile institute, including not
more than thirty-four permanent positions,
and including the sum of ten thousand
dollars which is to be assessed upon the
city of New Bedford as a part of the charges
to be paid by said city to the common-
wealth in the calendar year nineteen hun-
dred and fifty-two; provided, that the
comptroller shall transfer to the General
Fund the sum of thirty-one thousand two
hundred dollars from the Veterans' Services
Fund 194,840 00
Total $1,120,330 00
University of Massachusetts:
1350-01 For the maintenance of the University of
Massachusetts, with the approval of the
trustees, including not more than eight
hundred and forty-five permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
two hundred and seventy-five thousand
dollars from the Veterans' Services Fvmd . $5,213,601 00
1350-96 For certain scholarships at the University of
Massachusetts, as authorized by chapter
five hundred and twenty-four of the acts
of nineteen hundred and fifty-one .
Total
Total, Department of Education
25,000 00
$5,238,601 00
$28,768,622 00
Service op the Department of Civil Service and Registration.
Division of Civil Service:
1402-01 For the salary of the director and for the
compensation of members of the commis-
sion $29,600 00
1402-02 For the service of the division, including not
more than one hundred and eighty-one
permanent positions; provided, that the
comptroller shall transfer to the General
Fund the sum of one hundred and twenty-
one thousand nine hundred and eighty-five
dollars from the Highway Fund 721,245 00
218
Acts, 1952. — Chap. 310.
Item
1402-21
1403-01
1403-02
1404-01
1405-01
1406-01
1407-01
1408-01
1409-01
1410-01
1411-01
1412-01
1413-01
1414-01
1416-01
1417-01
1420-01
1421-01
For expenses of hearings, as authorized by
section one of chapter six hundred and
sixty-seven of the acts of nineteen hundred
and forty-five .....
Total
Division of Registration:
For the salary of the director
For the service of the division, including not
more than forty-five permanent positions;
provided, that the position of investigator
of chiropody and podiatry shall not be
subject to the provisions of chapter thirty-
one of the General Laws
Total
For the service of the following agencies in
the division:
Board of registration in medicine, including
not more than seven permanent positions .
Board of dental examiners, including not
more than five permanent positions
Board of registration in chiropody, including
not more than five permanent positions .
Board of registration in pharmacy, including
not more than nine permanent positions .
Board of registration of nurses, including not
more than ten permanent positions .
Board of registration in embalming and
funeral directing, including not more than
three permanent positions
Board of registration in optometry, including
not more than five permanent positions .
Board of registration in veterinary medicine,
including not more than five permanent
positions ......
Board of registration of professional engineers
and land surveyors ....
Board of registration of architects, including
not more than five permanent positions
Board of registration of certified public ac-
countants, including not more than five
permanent positions ....
State examiners of electricians, including not
more than two permanent positions
State examiners of plumbers, including not
more than three permanent positions
Board of registration of barbers, including not
more than eight permanent positions
Board of registration of hairdressers, includ-
ing not more than seventeen permanent
positions ......
Total, Department of Civil Service and
Registration .....
$2,500 00
$753,245 00
$4,000 00
201,746 00
$205,746 00
$6,800 00
4,900 00
1,300 00
25,364 00
4,405 00
5,500 00
2,250 00
2,410 00
2,860 00
2,575 00
7,635 00
7,000 00
4,100 00
33,590 00
68,275 00
$1,137,955 00
Service of the Department of Industrial Accidents.
1501-01 For personal services of members of the
board, including not more than nine perma-
nent positions ..... $73,000 00
Acts, 1952. — Chap. 310.
219
Item
1501-02
1501-05
1501-06
For the service of the board and of the re-
habihtation commission, including not
more than one hundred and thirty-one
permanent positions; provided, that the
position of executive secretary of the re-
habiUtation commission shall not be subject
to the provisions of chapter thirty-one of
the General Laws $544,015 00
For expenses of impartial examinations for
the year nineteen hundred and fifty-three
and the previous year .... 74,605 00
For the compensation of certain public em-
ployees for injuries sustained in the course
of their employment for the year nineteen
hundred and fifty-three and for previous
years, as provided by section sixty-nine of
chapter one hundred and fifty-two of the
General Laws; provided, that the comp-
troller shall transfer to the General Fund
the sum of one hundred and thirty-three
thousand dollars from the Highway Fund 380,000 00
Total $1,071,620 00
Division of Self -Insurance:
1501-21 For the service of the division, including not
more than six permanent positions, as au-
thorized by chapter sixty of the acts of
nineteen hundred and forty-five . . 28,130 00
Total, Department of Industrial Acci-
dents $1,099,750 00
Service op the Department of Labor and Industries.
1601-01 For general administration, including not
more than ten permanent positions . . $57,280 00
1603-01 For the division of industrial inspection, in-
cluding not more than seventy-two perma-
nent positions 332,420 00
1605-01 For the division of occupational hygiene,
including not more than twelve permanent
positions 54,130 00
1607-01 For the division of statistics, including not
more than thirty-six permanent positions . 133,405 00
1609-01 For administration of the division on neces-
saries of life, including not more than five
permanent positions . . . 21,010 00
1609-05 For administration, by said division, of sec-
tions two hundred and ninety-five A to two
hundred and ninety-five O, inclusive, of
chapter ninety-four of the General Laws,
relating to the advertising and sale of motor
fuel at retail, including not more than
twelve permanent positions . . . 50,418 00
1611-01 For the board of conciliation and arbitration,
including not more than nineteen perma-
nent positions ..... 93,149 00
1613-01 For the conunission on minimum wage and
for expenses of wage boards, including not
more than thirty-four permanent positions 129,562 00
220
Acts, 1952. — Chap. 310.
Item
1615-01 For the division of standards, including not
more than seventeen permanent positions . $76,974 00
Total $947,348 00
Massachusetts Development and Indus-
trial Commission:
1617-01 For the service of the commission, including
not more than twelve permanent positions $210,627 00
Labor Relations Commission:
1619-01 For the service of the commission, including
not more than twenty-three permanent
positions 114,328 00
Total, Department of Labor and Indus-
tries $1,272,203 00
Service of the Department of Mental Health.
1701-01 For the salary of the commissioner $16,000 00
1701-02 For administration, including not more than
one hundred and one permanent positions,
and including transportation, medical ex-
aminations and boarding out of patients
and certain feeble-minded persons; pro-
vided, that the position of supervisor of
laundry service shall not be subject to the
civil service laws and rules
Total
Division of Mental Hygiene:
1702-00 For the service of the division, including not
more than seventy permanent positions
1703-01 This item omitted.
For the maintenance of and for certain im-
provements at the following institutions
tmder the control of the department of
mental health:
1710-00 Boston psychopathic hospital, including not
more than one hundred and eighty-three
permanent positions ....
1711-00 Boston state hospital, including not more
than seven hundred and seventy-two per-
manent positions .....
1712-00 Danvers state hospital, including not more
than six hundred and fifty-five permanent
positions ......
1713-00 Foxborough state hospital, including not
more than four hundred and fifteen perma-
nent positions .....
1714-00 Gardner state hospital, including not more
than four hundred and twenty-two perma-
nent positions .....
1715-00 Grafton state hospital, including not more
than five hxmdred and thirty-seven perma-
nent positions .....
1716-00 Medfield state hospital, including not more
than five hundred and thirty permanent
positions ......
617,292 00
$632,292 00
$317,720 00
801,687 00
3,738,180 00
2,763,405 00
1,688,000 00
1,867,580 00
2,287,855 00
2,134,096 00
Acts, 1952. — Chap. 310.
221
Item
1717-00 Metropolitan stat« hospital, including not
more than four hundred and ninety perma-
nent positions ..... $2,193,386 00
Sp>ecial :
1717-29 For the purchase and installation of certain
screens 10,000 00
1718-00 Northampton state hospital, including not
more than five hundred and twenty-nine
permanent positions .... 2,397,880 00
1719-00 Taunton state hospital, including not more
than five hundred and thirty-eight perma-
nent positions ..... 2,335,895 00
1720-00 Westborough state hospital, including not
more than six hundred and two permanent
positions 2,550,520 00
1721-00 Worcester state hospital, including not more
than six hundred and eighty-three perma-
nent positions 2,970,740 00
1722-00 Monson state hospital, including not more
than five himdred and six permanent posi-
tions 2,035,375 00
1723-00 Belchertown state school, including not more
than three hxmdred and eighty-two perma-
nent positions ..... 1,647,730 00
1724-00 Walter E. Femald state school, including not
more than five hundred and seventy-six
permanent positions .... 2,497,514 00
1725-00 Wrentham state school, including not more
than four hundred and forty-seven perma-
nent positions 2,014,700 00
1726-00 Myles Standish state school, including not
more than four hundred and four perma-
nent positions ..... 1,917,856 00
Total, Department of Mental Health . $38,802,410 00
1801-01
1801-02
1801-05
1801-21
1805-01
Service of the Department of Correction.
For the salary of the commissioner . . $8,000 00
For administration, including not more than
forty-four permanent positions; provided,
that the persons employed under the divi-
sion of classification of prisoners shall not
be subject to the civil service laws and
rules 204,500 00
For the operation of prison camps, as au-
thorized by chapter seven hundred and
fifty-five of the acts of nineteen hundred
and fifty-one, including not more than
twelve permanent positions . . 102,480 00
Non-Contributory Pensions:
For the compensation of certain prison officers
and instructors formerly in the service of
the commonwealth, now retired . 70,000 00
Total . . . . . . $384,980 00
Parole Board:
For the service of the board, including not
more than forty-two permanent positions . $203,650 00
222 Acts, 1952. — Chap. 310.
Item
For the maintenance of and for certain im-
provements at the following institutions
under the control of the department of
correction :
1810-01 State farm, including not more than four hun-
dred and seventy-three permanent posi-
tions $2,415,406 00
1812-01 State prison, including not more than one
hundred and sixty-five permanent posi-
tions 928,282 00
1814-01 Massachusetts reformatory, including not
more than two hundred and five permanent
positions 1,165,817 00
1816-01 Reformatory for women, including not more
than one hundred and thirty-eight perma-
nent positions 683,175 00
1818-01 State prison colony, including not more than
two hundred and thirty-four permanent
positions 1,271,707 00
Total, Department of Correction . . $7,053,017 00
Service of the Department of Public Welfare.
1901-01 For the salary of the commissioner . $10,000 00
1901-03 For administration of the program of old age
assistance provided by chapter one hun-
dred and eighteen A of the General Laws,
as amended, for the office of the commis-
sioner and for the divisions of aid and relief
and child guardianship, including not more
than five hundred and fifty-five permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
of six hundred and seventy-five thousand
seven hundred dollars from the Old Age
Assistance Fund; and, provided further,
that any revenue resulting from the ad-
ministration of old age assistance shall be
credited to the Old Age Assistance Fund;
and, provided further, that the two posi-
tions of deputy commissioner of public
welfare be appointed by the governor with
the advice and consent of the councU . . 2,195,205 00
1901-22 For expenses in connection with the federal
program for distribution of surplus com-
modities; provided, that notwithstanding
any other provision of law, persons em-
ployed hereunder shall not be subject to
the civU service laws and rules, but their
employment and salary rates shall be sub-
ject to approval of the division of personnel
and standardization .... 12,860 00
Total $2,218,065 00
The following items are for reimbursement
of cities and towns, and are to be in
addition to any unexpended balance of
appropriations heretofore made for the
purpose :
1904-10 For the payment of suitable aid to certain
dependent chUdren .... $6,150,00000
Acts, 1952. — Chap. 310.
223
Item
1904-11
1904-12
1904-13
1904-14
1904-16
For the burial by cities and towns of indigent
persons who have no legal settlement
For expenses in connection with smallpox and
other diseases dangerous to the public
health .......
For the support of sick indigent persons who
have no legal settlement
For temporary aid given by cities and towns
to indigent persons with no legal settle-
ment, and to shipwrecked seamen, and for
the transportation of indigent persons
under the charge of the department
Total
For administrative cost and for the reim-
bursement of cities and towns for total and
permanent disabihty assistance as pro-
vided by chapter one hundred and eighteen
D of the General Laws, and for payments
made in accordance with section three of
said chapter one hundred and eighteen D,
to be in addition to any amount heretofore
appropriated for the purpose .
Division of Child Guardianship :
For the care and maintenance of children
under the jurisdiction of the division of
child guardianship, to be in addition to any
amoimt heretofore appropriated for the
piu-pose ......
For tuition in the public schools, including
transportation to and from school, of chil-
dren boarded by the department, for the
twelve months ending June thirtieth, nine-
teen hundred and fifty-two
Total
Massachusetts Hospital School:
For the maintenance of the Massachusetts
hospital school, including not more than
one hundred and eighty-nine permanent
positions ......
Tewksbury State Hospital and Infirmary:
For the maintenance of the Tewksbury state
hospital and infirmary, including not more
than seven hundred and four permanent
positions ......
Special :
1919-21 For certain exterior painting
Special :
1919-22 For certain furnishings, employees' quarters
1906-04
1906-06
1918-00
1919-00
$31,000 00
400,000 00
425,000 00
2,600,000 00
$9,506,000 00
$2,512,500 00
$2,760,000 00
520,000 00
$3,270,000 00
$850,267 00
2,933,951 00
15,000 00
12,700 00
Total, Department of Public Welfare $21,318,483 00
2001-01
Service op the Department of Public Health.
Bureau of Administration:
For the salary of the commissioner . $12,500 00
224
Acts, 1952. — Chap. 310.
Item
2001-02
For the service of the division of administra-
tion, including not more than forty-two
permanent positions .... $188,606 00
Total $201,106 00
Bureau of Institutions:
2010-01 For the service of the division of tuberculosis
and sanatoria, including not more than
twenty-eight permanent positions . $217,680 00
2010-05 For the payment of subsidies for tubercular
patients in certain hospitals . 465,000 00
2010-10 For the service of the division of biologic
laboratories, including not more than one
himdred and eight permanent positions . 626,981 00
2010-20 For the expenses of a health protection clinic 52,765 00
2010-30 For the service of the division of hospitals,
including not more than fifteen permanent
positions 83,330 00
2010-40 For the service of the di\'ision of chronic dis-
eases, including not more than seventeen
permanent positions .... 145,790 00
2010-60 For a heart disease control program . 18,000 00
Total $1,609,546 00
Bureau of Environmental Sanitation:
2015-01 For the service of the bureau, including not
more than ninety-one permanent positions $428,555 00
Bureau of Preventive Medicine:
2020-01 For the service of the division of preventive
medicine, including not more than fifty-
four permanent positions . 335,836 00
2020-10 For the service of the division of communi-
cable diseases, including not more than
nineteen permanent positions . 387,626 00
2020-30 For the operation of alcoholic clinics in the
out-patient departments of certain general
hospitals 89,970 00
2020-40 For the expenses of the citizens' committee
for public health 9,962 00
Total $823,394 00
For the maintenance of and for certain
improvements at the following institu-
tions under the control of the depart-
ment of public health:
2022-00 Lakeville state sanatorium, including not
more than two hundred and twenty-five
permanent positions .... $927,512 00
2023-00 North Eeading state sanatorium, including
not more than two himdred and one per-
manent positions ..... 766,893 00
2024-00 Rutland state sanatorium, including not
more than two hundred and forty-nine per-
manent positions ..... 1,044,678 00
2025-00 Westfield state sanatorium, including not
more than two hundred and seventy-six
permanent positions .... 1,220,842 00
2026-00 Chronic disease hospital, including not more
than two permanent positions . . . 13,990 00
Acts, 1952. — Chap. 310.
225
Item
2031-00 Pondville hospital, including not more than
two hundred and thirty-nine permanent
positions ......
$959,236 00
Total, Department of Public Health . $7,995,752 00
Service of the Department of Public Safety.
2101-01
2101-02
2102-04
2103-01
For the salary of the commissioner
For administration, including not more than
eighty-four permanent positions
Total
Division of State Police:
For expert assistance to the commissioner,
and for maintenance of laboratories, in-
cluding not more than ten permanent posi-
tions .......
Division of Fire Prevention:
For the fire prevention service, including not
more tlian twenty-five permanent positions
Division of Inspection:
2104-01 For administration, including not more than
one permanent position ....
2104-11 For the building inspection service, including
not more than thirty-three permanent posi-
tions . . . . .
2104-21 For the boiler inspection service, including
not more than twenty-six permanent posi-
tions .......
2104-31 For the board of boiler rules, including not
more than four permanent positions
Total
State Boxing Commission:
2105-11 For the service of the commission, including
not more than five permanent positions
Board of Standards:
2106-01 For the service of the board, including not
more than seven permanent positions
Board of Elevator Regulations:
2107-01 For the service of the board, including not
more than seven permanent positions
Board of Fire Prevention Regulations:
2108-01 For the service of the board, including not
more than six permanent positions .
Total) Department of Public Safety
$10,000 00
321,685 00
$331,685 00
$44,500 00
157,125 00
9,305 00
177,025 00
144,515 00
2,149 00
$332,994 00
$27,990 00
4,400 00
4,600 00
3,650 00
,944 00
Service of the Department of Public Works.
Division of Waterways:
2202-03 For administration, including not more than
sixty-one permanent positions; provided,
that an amount equal to the expenditures
for personal services properly chargeable
226
Acts, 1952. — Chap. 310.
Item
2202-05
2202-06
2202-07
2202-20
2202-21
2202-22
2202-23
to item 2202-05, as certified by the director
of the division, shall be credited as revenue
to the General Fund ....
For the improvement, development, mainte-
nance and protection of rivers, harbors,
tidewaters and foreshores within the com-
monwealth, as authorized by section eleven
of chapter ninety-one of the General Laws;
and of great ponds; and any unexpended
balance of the appropriation remaining on
June thirtieth, nineteen hundred and fifty-
two may be expended in the succeeding
fiscal year; provided, that all expenditures
for work undertaken hereunder, excepting
the entire cost of the surveys and the prep-
aration of preliminary plans, shall be upon
condition that at least fifty per cent of the
cost is covered by contributions from mu-
nicipalities or other organizations and in-
dividuals, except that in the case of dredg-
ing channels for harbor improvements at
least twenty-five per cent of the cost shall
be so covered; and, provided further, that
the department of public works is hereby
authorized to enter and construct on pri-
vate land such works as may be necessary
to secure and protect sea walls already
built
For the maintenance and repair of certain
property in the town of Plymouth, includ-
ing not more than two permanent positions
For the operation and maintenance of the
New Bedford state pier, including not more
than nine permanent positions
For the care and maintenance ot the province
lands and of the lands acquired and struc-
tures erected by the Provincetown ter-
centenary commission, including not more
than five permanent positions
For the compensation of dumping inspectors
This item omitted.
This item omitted.
Total, Department of Public Works
$232,052 00
100,000 00
9,589 00
28,164 00
16,930 00
200 00
$386,935 00
Service of the Department of Public Utilities.
2301-01 For personal services of the commissioners,
including not more than five permanent
positions ......
2301-02 For administration, including not more than
seventy permanent positions .
2301-09 For hearings and special investigations; pro-
vided, that no salaries or expenses of per-
manent employees shall be chargeable to
this item ......
2301-11 For the administration of certain rules and
regulations, as authorized by section
seventy-five E of chapter one hundred and
sixty-four of the General Laws, pertaining
to the construction and operation of natural
gas pipe lines in the commonwealth .
Total
$46,500 00
342,010 00
10,000 00
10,000 00
$408,510 00
Acts, 1952. — Chap. 310.
227
Item
Commercial Motor Vehicle Division:
2304-01 For the service of the division, including not
more than thirty-two permanent positions $154,930 00
Securities Division:
2308-01 For the service of the division, including not
more than ten permanent positions . 43,735 00
Total, Department of Public Utilities . $607,175 00
Interest and Redemption of Debt.
2410-00 For the pajonent of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty-three and pre-
vious years, to be in addition to the
amounts appropriated in items 2951-00,
3180-02 and 3590-02, and to be in addition
to any amoimts heretofore appropriated
for the purpose $1,304,484 00
2420-00 For certain serial bonds maturing during the
year nineteen hundred and fifty-three, to
be in addition to the amounts appropriated
in items 2952-00, 3180-01 and 3590-03 . 7,507,000 00
Total, Interest and Redemption of Debt $8,811,484 00
2805-01
2805-02
2811-02
2811-03
Annuities and Payments.
For the payment of certain annuities and
pensions of soldiers and others under the
provisions of certain acts and resolves $16,000 00
For payment of any claims, as authorized by
section eighty-nine of chapter thirty-two
of the General Laws, for allowances to the
families of certain employees killed or
fatally injured in the discharge of their
duties 15,000 00
Total $31,000 00
Non-Contributory Pensions:
For the compensation of veterans who may
be retired by the governor under the pro-
visions of sections fifty-six to fifty-nine,
inclusive, of chapter thirty-two of the Gen-
eral Laws, and for the cost of medical
examinations in connection therewith $900,000 00
This item included in item 1801-21.
Total, Annuities and Payments $931,000 00
Miscellaneous.
2820-02 For payment, with the approval of the
comptroller, of expenses for which no funds
or insufficient funds were allotted or re-
served; provided, that such expenses were
not in excess of the appropriation account $25,000 00
2820-06 For reimbursement of persons for funds pre-
viously deposited in the treasury of the
commonwealth and escheated to the com-
monwealth ...... 5,000 00
228
Acts, 1952. — Chap. 310.
Item
2820-32
2820-34
For the purchase by the state purchasing
agent of motor vehicles for which funds
are not otherwise available. Motor ve-
hicles purchased under this item are to be
allocated, with the approval of the com-
mission on administration and finance, to
the departments and agencies of the com-
monwealth whose appropriations are made
from the General Fund, and transfers of
the sums required for said purchases are
to be authorized by said commission from
the amount herein appropriated to appro-
priations made for the services of said
departments and agencies. Said commis-
sion is hereby authorized to provide for
the transfer of motor vehicles from one
such agency or department to another
when, in its opinion, such a transfer is for
the best interests of the commonwealth .
This item postponed.
Total, Miscellaneous ....
$75,000 00
$105,000 00
The Following Appropriations are made from the Highway Fund:
Service of the Department of Public Works.
Highway Activities.
2900-01 For the salaries of the commissioner and the
associate commissioners, including not
more than three permanent positions $31,000 00
2900-02 For administration and engineering in con-
nection with all highway activities; for
the offices of the department secretary,
personnel officer and business agent; and
for the payment of damages caused by de-
fects in state highways, with the approval
of the attorney general; provided, that
amounts made available by this item in
any fiscal year shall be available for ex-
penditure in the succeeding fiscal year . 8,000,000 00
2900-04 For the maintenance and repair of state high-
ways and bridges, traffic signs and signals,
including the cost of snow and ice control
on state highways and town roads and in-
cluding traffic safety devices on town and
city ways as the department may deem
necessary; for work for which the High-
way Fund is reimbursed other than work
in connection with the projects included in
federal aid programs; and for the purchase,
construction and repair of shelters for de-
partmental equipment and material, the
cost of which is less than ten thousand dol-
lars for each project; provided, that
amounts made available by this item in
any fiscal year shall be available for ex-
penditure in the succeeding fiscal year 14,000,000 00
2900-10 For projects for the construction and recon-
struction of highways and bridges, includ-
ing the elimination of grade crossings,
which have been approved by the proper
federal authorities to be included in federal
aid programs, and for land damages in
Acts, 1952. — Chap. 310.
229
Item
2900-12
2900-17
2900-18
connection with such projects; provided,
that any portion of the sum herein appro-
priated may also be used for said federal
aid projects in conjunction with city or
town funds; and, provided further, that
the balance of amounts made available for
expenditure in the fiscal year nineteen hun-
dred and fifty-two are hereby reappropri-
ated; and, provided further, that amounts
made available by this item in any fiscal
year shall be available for expenditure in
the succeeding fiscal year.
For projects for improving state highways
and through routes, including bridges, and
including construction and reconstruction,
it being the intent of the general court that
state highways shall be made continuous
whether or not sections to be made state
highways require construction work; and
upon agreement with city or town officials,
for construction of needed improvements
on other through routes not designated as
state highways and without acceptance by
the commonwealth of responsibility for
maintenance; provided, that any portion
of the sum appropriated herein may be
used in conjunction with city or town funds;
and, provided further, that amounts made
available by this item in any fiscal year
shall be available for expenditure in the
succeeding fiscal year .... $2,300,000 00
For projects for the construction and main-
tenance of town and county ways, as pro-
vided in subdivision two (a) of section
thirty-four of chapter ninety of the General
Laws; provided, that amounts made avail-
able by this item in any fiscal year shall be
available for expenditure in the succeeding
fiscal year; and, further provided, that not
less than three hundred thousand dollars
of the sum herein appropriated shall be
available for maintenance projects on said
town and county ways .... 4,000,000 00
For aiding cities and towns in the repair and
improvement of public ways, as provided
by section twenty-six of chapter eighty-one
of the General Laws; except, that the
state's contribution shall be at an annual
rate not to exceed two hundred and sev-
enty-five dollars per mile for the calendar
year nineteen hundred and fifty-three, the
provisions of chapter six hundred and
eighty-nine of the acts of nineteen hun-
dred and forty-five and chapter seven hun-
dred and six of the acts of nineteen hundred
and forty-nine notwithstanding; and, pro-
vided, that the amount appropriated for
the purpose in any fiscal year shall be avail-
able for expenditure in the succeeding fiscal
year 2,600,000 00
Special :
2900-31 For the expenses of preparing plans, acquir-
ing land and constructing a maintenance
230
Acts, 1952. — Chap. 310.
Item
depot; provided, that the balance of
amounts made available for expenditure
by section two of chapter eight hundred
and twenty-five of the acts of nineteen
hundred and fifty are hereby reappropri-
ated; and further provided, that expendi-
tures for this purpose shall not be subject
to the provisions of chapter ninety-two A
of the General Laws.
Special:
2900-32 For aU expenses of preparing plans, acquiring
land, constructing or otherwise acquiring
certain small garages; provided, that the
balance of amounts made available for this
Eurpose by section two of chapter four
undred and ninety of the acts of nineteen
hundred and fifty-one, as amended by item
2900-32 of section two of chapter eight
hundred and six of the same year are hereby
reappropriated ; and, further provided, that
expenditures for such purposes shall not be
subject to the provisions of chapter ninety-
two A of the General Laws; and, further
provided, that amounts made available by
this item in any fiscal year shall be avail-
able for expenditure in the succeeding fis-
cal year.
Special:
2900-33 For the expenses of preparing plans, acquir-
ing land and constructing a district office,
garage and shop in the Worcester district,
so called, of the department of public
works; provided, that the balance of
amounts made available for expenditure
by chapter eight hundred and twenty-five
of the acts of nineteen hundred and fifty
are hereby reappropriated; and, further
provided, that expenditures for this pur-
pose shall not be subject to the provisions
of chapter ninety-two A of the General
Laws.
Special :
2900-35 For resurfacing existing state highways with
not less than two inches of bitiuninous-
bound aggregate, using present traveled
ways as a base; provided, that the state
purchasing agent may buy the required
bituminous-treated aggregate, notwith-
standing the provisions of chapter five
hundred and forty-seven of the acts of
nineteen hundred and forty-one; and,
further provided, that amounts made
available by this item in any fiscal year
shall be available for expenditure in the
succeeding fiscal year ....
2900-36 For the construction or reconstruction of state
highway and other bridges, including cer-
tam bridges placed under the authority of
the department of public works by chapter
six hundred and ninety of the acta of nine-
$2,000,000 00
Acts, 1952. — Chap. 310.
231
Item
teen hundred and forty-five and by chapter
four hundred and eighty-two of the acts of
nineteen hundred and forty-eight; pro-
vided, that sums herein appropriated may
be used, upon agreement with city or town
officials In conjimction with city or town
funds without acceptance by the common-
wealth of responsibility for maintenance;
and provided, further, that the balance of
amounts made available for this purpose by
section two of chapter eight hundred and
twenty-five of the acts of nineteen hundred
and fifty and section two of chapter four
himdred and ninety of the acts of nineteen
himdred and fifty-one are hereby reappro-
priated; and provided, further, that
amounts made available by this item in
any fiscal year shall be available for ex-
penditure in the succeeding fiscal year
$850,000 00
Special :
2900-38 For expenses in connection with research and
investigational work to be done on a co-
operative basis with the Massachusetts
Institute of Technology .... 30,000 00
2900-45 For the office of the commissioner, including
the telephone service in the public works
building, and including not more than
fourteen permanent positions . 84,628 00
2900-55 The existence of the public work stores and
equipment account, established by items
2900-50 and 2900-55 of section two of
chapter sixty-eight of the acts of nineteen
himdred and forty-three, is hereby con-
tinued for the year nineteen hundred and
fifty-three under the terms and conditions
prescribed by said items of said chapter
sixty-eight; proxdded, that the total
amount to be expended for capital outlay
for the purchase of equipment from this
account in the year nineteen hundred and
fifty-three shall not exceed one million five
hundred thousand dollars, and the sum of
five hundred thousand dollars is hereby
appropriated, to be in addition to any
amounts otherwise available for this pur-
pose; and, further provided, that amounts
made available by this item in any fiscal
year shall be available for expenditure in
the succeeding fiscal year . 500,000 00
2900-61 For the compensation of former employees
of the department of public works, now
retired, as authorized by chapter four hun-
dred and three of the acts of nineteen hun-
dred and forty-eight .... 30,000 00
Public Works Building:
2900-80 For the operation and maintenance of the
public works building, including not more
than eighty-three permanent positions
383,475 00
Total, Department of Public Works . $34,809,103 00
232
Acts, 1952. — Chap. 310.
Service of the Registry of Motor Vehicles.
Item
2924-01 For the service of the registry, including not
more than seven hundred and sixty-six
permanent positions ....
Total, Registry of Motor Vehicles
$3,720,495 00
$3,720,495 00
Service of the Department of Public Safety.
Division of State Police.
2926-01 For the service of the division, including not
more than four himdred and ninety-six
permanent positions .... $2,659,940 00
2926-11 For the compensation of state police officers
formerly in the service of the common-
wealth, now retired .... 75,000 00
The comptroller is hereby authorized to
transfer to the Highway Fund the sum of
six hundred and eighty-three thousand
seven hundred dollars from the General
Fund and the sum of thirty thousand
dollars from the Old Age Assistance Fund
on account of the above two items.
Total, Department of Public Safety
2,734,940 00
Service of the Metropolitan District Commission.
The following items are to be paid with the
approval of the Metropolitan District
Commission :
2931-01 For general administration, including not
more than sixty permanent positions; pro-
vided, that the comptroller shall transfer
to the Highway Fund the sum of one hun-
dred and ninety-one thousand three hun-
dred and fifty dollars from the Metropoli-
tan District Commission Funds, to be
assessed by methods fixed by law $259,589 00
2931-04 For the construction, reconstruction and im-
provement of boulevards and parkways,
including bridges, and including the re-
surfacing and repairing thereof, to be in
addition to any amount heretofore appro-
priated for the purpose .... 1,000,000 00
2931-06 For the maintenance of boulevards and park-
ways, including the installation of traflBc
lights and including Bunker Hill and the
property adjacent, and for the mainte-
nance of parks reservations and the Charles
River basin, including the retirement of
metropolitan police and veterans under the
provisions of the General Laws; provided,
that the comptroller shall transfer to the
Highway Fund the sum of two million one
hundred and eighteen thousand six hun-
dred and eighty dollars from the Metro-
politan District Commission Park Funds,
to be assessed by methods fixed by law.
and the sum of fifty-four thousand three
Acts, 1952. — Chap. 310.
233
Item
2951-00
2952-00
hundred and twenty-five dollars from the
General Fund $5,323,513 00
Total, Metropolitan District Commis-
sion $6,583,102 00
Interest and Redemption op Debt.
For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty-three and previ-
ous years, to be in addition to the amounts
appropriated in items 2410-00, 3180-02
and 3590-02, and to be in addition to any
amounts heretofore appropriated for the
purpose ......
For certain serial bonds maturing during the
year nineteen hundred and fifty-three, to
be in addition to the amounts appropri-
ated in items 2420-00, 3180-01 and 3590-
03
$2,048,048 00
10,008,500 00
Total, Interest and Redemption of Debt $12,056,548 00
The Following Appropriations are made from the Port of Bos-
ton Fund: Service of the Port of Boston Aitthoritt.
3140-01 For expenses of administration, including not
more than sixty-eight permanent positions;
provided, that no compensation or ex-
penses of consultants for legal services shall
be chargeable to this item; and, provided,
further, that the positions of executive
secretary and site representative shall not
be subject to the civil service laws and
rules .......
3150-01 For the operation and maintenance of prop-
erty under the control of the authority,
including not more than eighty-one perma-
nent positions .....
Total
Interest and Redemption of Debt:
3180-01 For certain serial bonds maturing during the
year nineteen hundred and fifty-three, to
be in addition to the amounts appropriated
in items 2420-00, 2952-00 and 3590-03 .
3180-02 For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty-three and previ-
ous years, to be in addition to the amounts
appropriated in items 2410-00, 2951-00
and 3590-02, and to be in addition to any
amounts heretofore appropriated for the
purpose ......
Total
Total, Port of Boston Authority .
$356,906 GO
372,600 00
$729,506 00
$698,000 00
184,241 00
$882,241 00
$1,611,747 00
234
Acts, 1952. — Chap. 310.
The Following Appropriations are made prom the Inland Fish-
eries AND Game Fund:
Service of the Department of Conservation.
Item
Division of Fisheries and Game. (It is
hereby provided that federal funds re-
ceived as reimbursements under the fol-
lowing items are to be credited as income
to the Inland Fisheries and Game Fund) :
3304-01 For the service of the division, including not
more than thirteen permanent positions . $68,720 00
3304-06 For expenses of the board, as authorized by
chapter twenty-one of the General Laws . 2,500 00
3304-31 For expenses at game farms and fish hatch-
eries, including not more than twenty-two
permanent positions .... 498,394 00
3304-42 For the improvement and management of
lakes, ponds and rivers, including not more
than three permanent positions . . 61,439 00
3304-43 For expenses of an information program 13,630 00
3304-45 For the establishment and maintenanceof pub-
lic fishing grounds, including not more than
one permanent position; provided, that
none of the money appropriated under this
item shall be used for the purchase of land 13,335 00
3304^7 For certain stream surveys and inventory
work, as authorized by chapter two hun-
dred and seven of the acts of nineteen
hundred and fifty-one, including not more
than two permanent positions 28,049 00
3304-51 For wild life research and management, includ-
ing not more than four permanent positions 72,280 00
3304-53 For expenses of establishing and conducting
wild life restoration projects, as authorized
by chapter three hundred and ninety-two
of the acts of nineteen hundred and thirty-
eight, including not more than five perma-
nent positions ..... 146,402 00
3304-54 For the improvement of streams and bird
cover, including increasing the supply of
feed for game birds .... 7,500 00
3304-56 For a biological survey of the streams and
waters of the commonwealth . 19,960 00
Total $932,209 00
Special :
3304-44 For the contribution of the department of con-
servation towards a wild life co-operative
research project, in accordance with a con-
tract with the federal government, to be ex-
pended by the University of Massachusetts $6,000 00
Division of Law Enforcement:
3308-05 For the payment of damages caused by wild
deer and wild moose, for the year nineteen
hundred and fifty-three and previous
years, as provided by law 13,500 00
3308-07 For the supervision of public fishing and hunt-
ing grounds 11,400 00
Total $24,900 00
Total, Department of Conservation . $963,109 00
Acts, 1952. — Chap. 310.
235
The Following Appropriations are made from the Veterans'
Services Fund:
Service of the Commissioner of Veterans' Services.
Item
3501-01 For personal services of the commissioner and
deputies, including not more than three
permanent positions .... $18,660 00
3501-02 For the office of the commissioner, including
not more than sixty-seven permanent posi-
tions 332,976 00
3501-03 For the payment of annuities to certain dis-
abled war veterans, as authorized by sec-
tions six A to six C, inclusive, of chapter
one hundred and fifteen of the General
Laws 40,000 00
3501-11 For reimbursing cities and towns for money
paid for veterans' benefits, as provided in
section six of chapter one hundred and fif-
teen of the General Laws, for the year nine-
teen hundred and fifty-three and for pre-
vious years, to be in addition to any
amount heretofore appropriated for the
purpose 3,150,000 00
3501-12 For reimbursing cities and towns for money
paid on account of war allowance, state and
military aid and soldiers' relief to certain
residents of the commonwealth and their
dependents, as authorized by chapter
eleven of the acts of the special session of
nineteen hundred and forty-two, to be in
addition to any amount heretofore appro-
priated for the purpose .... 50,000 00
Total, Commissioner of Veterans' Serv-
ices ......
$3,591,635 00
Service of the Adjutant General.
3504-21 For the operation of the war records project,
so-called $22,786 00
3504-25 For expenses of the United Spanish War vet-
erans, as authorized by section sixteen of
chapter thirty-three of the General Laws 1,500 00
Total, Adjutant General $24,285 00
Service of the Soldiers' Home in Massachusetts.
3506-01 For the maintenance of the Soldiers' Home
in Massachusetts, including not more than
five hundred and sixty-seven permanent
positions ......
$2,570,260 00
Total, Soldiers' Home in Massachusetts $2,570,260 00
Service of the Soldiers' Home in Holyokb.
3508-01 For the maintenance of the Soldiers' Home in
Holyoke, including not more than eighty-
236 Acts, 1952. — Chap. 310.
Item
three permanent positions, to be in addi-
tion to any amount heretofore appropri-
ated for the purpose .... $600,080 00
Total, Soldiers' Home in Holyoke . $600,080 00
Service of the State Housing Board.
3510-01 For the service of the board, including not
more than sixteen permanent positions;
provided, that all compensation and ex-
penses for legal services shall be by direc-
tion and under the control of the attorney
general . •.-..• $403,395 00
3510-11 For reimbursement to certain cities and
towns, as provided by chapter two hun-
dred of the acts of nineteen hundred and
forty-eight, as amended, to be in addition
to any amount heretofore appropriated for
the purpose 1,000,000 00
3510-12 For reimbursement to certain cities and
towns, as provided by chapter three hun-
dred and seventy-two of the acts of nine-
teen hundred and forty-six, as amended 433,773 00
Total, State Housing Board . $1,837,168 00
Service of the Department of the Treasurer and Receiver
General.
3512-05 For the service of the veterans' bonus appeal
board, so called, as authorized by section
five of chapter five hundred and eighty-one
of the acts of nineteen hundred and forty-
six $2,125 00
3512-13 For making payments to soldiers in recogni-
tion of service during World War I and the
Spanish War, as provided by law . . 1,000 00
Total, Department of the Treasurer and
Receiver General . $3,125 00
Service of the Department of the Auditor.
3513-01 For an audit of certain housing authorities,
as authorized by chapter six hundred and
eighty-two of the acts of nineteen himdred
and forty-nine $60,341 00
Total, Department of the Auditor . $60,341 00
Service of the Department of the Attorney General.
3514-01 For the cost of providing certain legal assist-
ance for the benefit of veterans, their wives
and dependents $15,042 00
Total, Department of the Attorney Gen-
eral $15,042 00
Acts, 1952. — Chap. 310.
237
Item
3516-01
3516-05
3516-22
Service of the Department of Education.
For assistance to children of certain war vet-
erans, for the year nineteen hundred and
fifty-three and for previous years, as au-
thorized by section seven B of chapter
sixty-nine of the General Laws and cor-
responding provisions of earlier laws . $50,000 00
For the payment of retirement assessments
of teachers formerly in military or naval
service, as authorized by section nine of
chapter seven hundred and eight of the
acts of nineteen hundred and forty-one, as '
amended 1,000 00
For certain educational services to certain
war veterans ..... 147,645 00
Total, Department of Education .
$198,645 00
Service of the Department of Labor and Industries.
Division of Apprentice Training:
3520-01 For the service of the division, including not
more than twenty-nine permanent posi-
tions; provided, that all of the positions of
this division, with the exception of the head
clerk, shall not be subject to chapter thirty-
one of the General Laws; and, provided
further, that the comptroller shall transfer
to the Veterans' Services Fund the sum
of sixteen thousand four hundred dollars
from the General Fund .... $161,933 00
Total, Department of Labor and In-
dustries . . . . . $161,933 00
Interest and Redemption of Debt.
3590-02 For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty-three and previ-
ous years, to be in addition to the amounts
appropriated in items 2410-00, 2951-00
and 3180-02, and to be in addition to any
amounts heretofore appropriated for the
purpose ......
3590-03 For certain serial bonds maturing during the
year nineteen hundred and fifty-three, to
be in addition to the amounts appropriated
in items 2420-00, 2952-00 and 3180-01 .
$567,500 GO
13,600,000 00
Total, Interest and Redemption of Debt $14,167,500 00
Miscellaneous.
3549-00 For repayments to claimants, as authorized
by section four of chapter five hundred and
twenty- three of the acts of nineteen hun-
dred and fifty . .
Total, Miscellaneous ....
$1,000 00
$1,000 00
238 Acts, 1952. — Chap. 310.
The Following Appropriations are Payable from Revenue
CREDITED TO THE OlD AgE ASSISTANCE FuND:
Service of the Department of Public Welfare.
Item
3601-20 For reimbursement to cities and towns for
old age assistance for the year nineteen
hundred and fifty-three and previous years,
and for payments made in accordance with
section one C of chapter one hundred and
eighteen A of the General Laws . $38,100,000 00
3601-30 Notwithstanding the provisions of section
ten of chapter sixty-four B of the General
Laws regulating payments from receipts
imder said chapter to cities and towns,
heretofore made without appropriation, a
sum not exceeding one million nine hundred
and fifty thousand dollars is hereby appro-
priated from the Old Age Assistance Fund
for such payments, and the total amounts
to be paid by the state treasurer on or
before November twentieth, nineteen hun-
dred and fifty-two, from the sum herein
appropriated, shall be not less than one
million dollars 1,960,000 00
Total, Department of Public Welfare . $40,050,000 00
Service of the Alcoholic Beverages Control Commission.
3604-01 For the service of the commission, including
not more than fifty -five permanent posi-
tions $278,692 00
Total, Alcoholic Beverages Control Com-
mission $278,692 00
Service of the State Racing Commission.
3605-01 For the service of the commission, including
not more than eleven permanent positions;
provided, that fees paid to veterinarians
for services in connection with horse racing
shall not exceed twenty-five dollars per
diem, and in connection with dog racing,
shall not exceed ten dollars per diem $160,180 00
Total, State Racing Commission . . $160,180 00
The Following Appropriation is Payable from the Agricul-
tural Purposes Fund:
Service op the Department of Agriculture.
Division of Plant Pest Control and Fairs:
3809-21 For state prizes and agricultural exhibits, in-
cluding allotment of funds for the 4-H
activities, including not more than one
permanent position .... $74,790 00
Total, Department of Agriculture . $74,790 00
Acts, 1952. — Chap. 310.
239
Tbb Following Appropkiations abe Payable from the Mosqttito
Control Fund:
Item
3901-00
3915-00
Service of the State Reclamation Board.
For the maintenance and construction of
drainage ditches, as authorized by chapter
three hundred and seventy-nine of the acts
of nineteen hundred and thirty, as amended
by section one of chapter two hundred and
fifty of the acts of nineteen himdred and
thirty-five, to be assessed in the calendar
year nineteen hundred and fifty-two $56,897 00
For the maintenance and construction of
drainage ditches, as authorized by chapter
four hundred and fifty-six of the acts
of nineteen hundred and forty-five, as
amended by chapter seven hundred and
thirty-four of the acts of nineteen hundred
and fifty, to be assessed in the calendar
year nineteen hundred and fifty-two . 50,868 00
Total, State Reclamation Board
$107,765 00
The Following Appropriations are Payable from the Parks
AND Salisbury Beach Reservation Fund:
Service of the Department of Conservation.
Division of Parks and Recreation.
4010-01 For the service of the division, including not
more than eleven permanent positions . $151,280 00
4010-03 For expenses of recreational opportunities in
state forests, including not more than
thirteen permanent positions . 155,255 00
4020-01 For the maintenance of Standish monument
reservation, including not more than one
permanent position .... 4,675 00
4030-01 For the maintenance of Salisbury beach reser-
vation, including not more than one perma-
nent position ..... 85,765 00
Total, Department of Conservation . $396,975 00
The Following Appropriation is Payable from the Smoke In-
spection Fund:
Service of the Department of Public Utilities.
Division of Smoke Inspection :
4311-01 For the service of the division, including not
more than twelve permanent positions
Total, Department of PubUc Utilities
$49,628 00
$49,628 00
The Following Appropriations are Payable from the Prison
Industrles Fund:
Service of the Department of Correction.
4901-01 For salaries of persons employed in the de-
partment of correction in certain super-
visory and administrative work in prison
240
Acts, 1952. — Chap. 310.
Item
4910-02
4920-02
4930-02
4940-02
industries, including not more than seven
Eermanent positions, for the year nineteen
undred and fifty-three and the previous
year; provided, that of the amount herein
appropriated, the proportions properly
chargeable to the prison industries fund at
the Massachusetts reformatory, the re-
formatory for women, the state prison and
the state prison colony shall be determined
by the comptroller .... $37,845 00
For salaries of persons employed in industries
at the Massachusetts reformatory, includ-
ing not more than twenty-seven permanent
positions . . . ... 110,690 00
For salaries of persons employed in industries
at the reformatory for women, including
not more than thirteen permanent posi-
tions 50,280 00
For salaries of persons employed in industries
at the state prison, including not more than
twenty-seven permanent positions . 107,940 00
For salaries of persons employed in industries
at the state prison colony, including not
more than twenty-seven permanent posi-
tions 114,700 00
Total, Department of Correction . . $421,455 00
Metropolitan District Commission Funds.
The following appropriations are to be
assessed upon the several districts in
accordance with the methods fixed by
law, unless otherwise provided, and to be
expended under the direction of the
metropolitan district commission :
Metropolitan Parks, General.
8602-27 For the cost of suppressing gypsy moths, in-
cluding certain equipment . $5,000 00
8602-37 For the expenses of holding band concerts 15,000 00
Total, Metropolitan Parks, General $20,000 00
Metropolitan Sewerage, North System.
8802-00 For the maintenance and operation of a sys-
tem of sewage disposal for the north
metropolitan sewerage district, including
retirement of veterans under the provi-
sions of the General Laws
Total, Metropohtan Sewerage, North
System ......
$988,717 00
$988,717 00
Metropolitan Sewerage, South System.
8807-00 For the maintenance and operation of the
system of sewage disposal for the south
Item
Acts, 1952. — Chap. 310. 241
metropolitan sewerage district, including
retirement of veterans under the provisions
of the General Laws .... $950,734 00
Total, Metropolitan Sewerage, South
System $950,734 00
Metropolitan Water System.
8902-00 For the maintenance and operation of the
metropolitan water system, including the
retirement of veterans under the provisions
of the General Laws .... $2,717,531 00
Special :
8902-22 For emergency repairs to water mains, to be
in addition to any amount heretofore ap-
propriated for the purpose . . . 10,000 00
Special :
8902-34 For the construction of additions and im-
provements to certain supply and distribu-
tion mains, to be in addition to any amount
heretofore appropriated for the purpose . 520,000 00
Special :
8902-71 For certain improvements in the Spot Pond
drainage system in Stoneham, to be in addi-
tion to any amount heretofore appropriated
for the purpose 10,000 00
Special :
8902-73 For the elimination of sanitary violations on
the Quabbin watershed, to be in addition
to any amount heretofore appropriated for
the purpose 10,000 00
Special :
8902-75 For the leveling of the Forbes Hill Reservoir
Basin 5,000 00
8902-81 This item omitted.
8902-82 This item omitted.
Total, Metropolitan Water System . $3,272,531 00
Section 3. No payment shall be made or obligation in-
curred under authority of any special appropriation made
by this act for construction of public buildings or other im-
provements at state institutions until plans and specifications
have been approved by the governor, unless otherwise pro-
vided by such rules and regulations as the governor may
make.
Section 4. No moneys appropriated under this act shall
be expended for reimbursement for the expenses of meals
for persons while traveling within the commonwealth at the
expense thereof, unless such reimbursement is in accordance
with rules and rates which are hereby authorized to be es-
tablished from time to time by the commission on adminis-
tration and finance.
242 Acts, 1952. —Chap. 310.
Section 5. The allowance to state employees for ex-
penses incurred by them in the operation of motor vehicles
owned by them and used in the performance of their official
duties shall not exceed six cents a mile.
No payment shall be made or obligation incurred for the
garaging of any passenger vehicle owned by the common-
wealth and operated by an employee thereof as transpor-
tation from his place or places of employment to the vi-
cinity of his residence.
Section 6. Amounts included for permanent positions
in sums appropriated in section two for personal services
are based upon schedules of permanent positions and salary
rates as approved by the joint committee on ways and
means, and, except as otherwise shown by the files of said
committee, a copy of which shall be deposited with the divi-
sion of personnel and standardization, no part of sums so
appropriated in section two shall be available for payment
of salaries of any additional permanent position, or for pay-
ments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or
compensation of any permanent position, notwithstanding
any special or general act to the contrary; provided, that no
vacancy occurring in any permanent position included in
said schedules of permanent positions, excepting in the
services of the legislature or the judiciary, or of institutions
under the jurisdiction of the departments of mental health,
correction, pubUc welfare and pubUc health, and the youth
service board, the Soldiers' Home in Chelsea and the Soldiers'
Home in Holyoke, and excepting positions which are subject
to appointment by the governor, with or without the
consent of the council, may be filled in any manner with-
out approval by the commission on administration and
finance.
Section 7. In addition to the payment of regular salaries,
sums appropriated for personal services in the fiscal year
nineteen hundred and fifty-three shall be available for the
payment of such other forms of compensation as may be
due under existing statutes, or under the provisions of rules
and regulations made in accordance with said statutes.
Section 8. Notwithstanding the provisions of section
twenty-four A of chapter thirty of the General Laws, no
moneys appropriated under this act shall be expended for
the payment of holiday pay, so called, to elected officers,
appointees of the governor, heads of departments and divi-
sions or heads of educational or custodial institutions.
Section 8A. Nothing in this act shall be construed to
permit or require a reduction in compensation for any person
in the employ of the commonwealth nor the discharge of any
permanent employee.
Section 9. All federal subventions and grants available
to the commonwealth under any act of congress and not
otherwise authorized to be received shall be paid into the
treasury of the commonwealth; provided, however, that
Acts, 1952. — Chap. 310. 243
applications for such subventions and grants, and for trans-
fers within such subventions and grants, shall be subject to
the approval of the commission on administration and
finance. All federal subventions and grants received by the
commonwealth may be expended without specific appro-
priation if such expenditures are otherwise in accordance with
law. All income, including federal subventions and grants,
received by the commonwealth from or on account of vet-
erans in payment for veterans' services, shall be credited to
the veterans' services fund.
Section 10. Notwithstanding the provisions of section
fifty-one of chapter thirty of the General Laws, or any other
provision of law, the state purchasing agent is hereby au-
thorized during the fiscal year nineteen hundred and fifty-
three to incur HabiUties and incidental expenses for the pur-
chase of supplies, as provided by said section fifty-one, in-
cluding material to be disposed of as surplus, so called, by
the federal government through agencies of the federal gov-
ernment, in an amount not exceeding three hundred and fifty
thousand dollars, in addition to any amount heretofore pro-
vided for the purpose, and the comptroller may certify for
payment such incidental expenses and Uabihties so incurred
to an amount not exceeding three hundred and fifty thousand
dollars, in addition to any amount heretofore provided for
the purpose.
Section 11. The effective date of the appropriation ac-
counts, subsidiary accounts and authorizations in this act
shall be July first, nineteen hundred and fifty-two. How-
ever, beginning June first, nineteen hundred and fifty-two,
obUgations may be incurred against these appropriation
accounts or subsidiary accounts, if any, thereunder, for
items to be delivered or for services to be rendered on and
after July first, nineteen hundred and fifty-two; provided,
they are in accordance with law and the amounts thereof
do not exceed the amount of the appropriation account or
subsidiary account. Where the allotment of an appropri-
ation account or subsidiary account is a condition precedent
to expenditure, the obUgations shall not exceed the amount
allotted for said appropriation account or subsidiary account.
The certified copies of the schedules as provided for in Gen-
eral Laws, chapter twenty-nine, section twenty-seven, as
amended by chapter six hundred and thirty-six of the acts of
nineteen hundred and forty-seven, shall be filed with the
comptroller and the budget commissioner to permit the
effective operation of this section on June first, nineteen
hundred and fifty-two. Where the allotment of an appropri-
ation account or subsidiary account is required by law, allot-
ments shall be made to permit the effective operation of this
section on June first, nineteen hundred and fifty-two.
Section 12. The budget commissioner is hereby directed
to send a copy of sections three to thirteen, inclusive, of this
act to each departmental, divisional and institutional head
immediately following the passage of this act.
244 Acts, 1952. — Chaps. 311, 312.
Section 13. Sections one to ten, inclusive, of this act
shall take effect on July first, nineteen hundred and fifty-
two; sections eleven and twelve shall take effect upon the
passage of this act. Approved May 12, 1952.
Chap. 311 An Act authorizing the city of north adams to appro-
priate MONEY FOR, AND PAY, CERTAIN UNPAID BILLS.
Be it enacted, etc., as folloivs:
Section 1. The city of North Adams is hereby author-
ized to appropriate money for, and the treasurer of said city
is hereby authorized to pay, such of the unpaid bills incurred
by said city and totalling four hundred and fifty-seven dol-
lars and ninety-four cents, as set forth in the list on file
in the office of the director of accounts in the department
of corporations and taxation, as are legally unenforceable
against said city, either by reason of their being incurred in
excess of available appropriations, or by reason of the failure
of said city to comply with the provisions of its charter, and
as are certified for payment by the heads of the departments
wherein the bills were contracted ; provided, that the money
so appropriated to pay such bills shall be raised by taxa-
tion in said city.
Section 2. No bill shall be approved by the city auditor
of said city for payment or paid by the treasurer thereof
under authority of this act unless and until certificates have
been signed and filed with said city auditor, stating under
the penalties of perjury that the goods, materials or services
for which bills have been submitted were ordered by an
official or an employee of said city, and that such goods and
materials were delivered and actually received by said city,
or that such services were rendered to said city, or both.
Section 3. Any person who knowingly files a certificate
required by section two which is false and who thereby re-
ceives payment for goods, materials or services which were
not received by or rendered to said city shall be punished by
imprisonment for not more than one year or by a fine of not
more than three hundred dollars, or both.
Section 4. This act shall take effect upon its passage.
Approved May 12, 1952.
Chap. 312 An Act relative to representative town meetings in
THE TOWN OF WEYMOUTH.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 61 of the acts of 1921,
as amended by section 1 of chapter 13 of the acts of 1930,
is hereby further amended by striking out the fifth and sixth
sentences.
Section 2. The acts and proceedings of the town of
Weymouth at the adjourned sessions of the annual town
meeting held in the year nineteen hundred and fifty-two.
Acts, 1952. — Chaps. 313, 314, 315. 245
and all acts done in pursuance thereof, are hereby confirmed
and made valid, notwithstanding the inadequacies of the
notice of the adjournments as required by chapter sixty-one
of the acts of nineteen hundred and twenty-one, as amended
by chapter thirteen of the acts of nineteen hundred and
thirty, to the same extent as if the said adjourned sessions
had been called, held, conducted and adjourned in strict
compliance with law.
Section 3. This act shall take effect upon its passage.
Approved May 12, 1952.
An Act relative to certain promotions from the labor QJidfy 3x3
SERVICE TO THE OFFICIAL SERVICE OF A DEPARTMENT,
BOARD OR COMMISSION UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., asfolloios:
Chapter 31 of the General Laws is hereby amended by g. l. (Xer.
striking out section 15B, as most recently amended by chap- ftsB^etc.
ter 52 of the acts of 1946, and inserting in place thereof the amenderi.
following section: — Section 15B. An appointing official, ^"t^i^ns ^""^er
with the approval of the director, may promote to the lowest the civii
grade in the official service of a department, board or com- authoriHel^'
mission employees in the labor service of the same depart-
ment, board or commission who pass a competitive promo-
tional examination open to all permanent employees in said
labor service of said department, board or commission who
have been employed therein after certification for at least
one year. Approved May 12, 1952.
An Act increasing the filing fees of certain documents nhnn 314
REQUIRED TO BE FILED BY CORPORATIONS. ^'
Be it enacted, etc., as follows:
Section 55 of chapter 156 of the General Laws, as ap- ^^^ ijg''
pearing in the Tercentenary Edition, is hereby amended by § 55,'
striking out, in Hne 2, the word "ten" and inserting in place ^'"^■"'^ed.
thereof the word: — fifteen, — so as to read as follows: —
Section 55. The fees for filing all other certificates, state- Fees for filing
ments or reports required by law of corporations shall be ""oratrdocu-
fifteen dollars for each certificate, statement or report, but ments
no fee shall be paid for fifing the certificate of change of '"'''■^^^^'*
officers or of annual meeting required by section twenty-four
or twenty-nine or the annual tax return required by sections
thirty-five and forty of chapter sixty-three.
Approved May 12, 1952.
An Act increasing the filing fees of certain certifi- nhnr) 315
GATES BY foreign CORPORATIONS. ^'
Be it enacted, etc., as follows:
Section 23 of chapter 181 of the General Laws, as appear- g. l. (Xer.
ing in the Tercentenary Edition, is hereby amended by f 23,' imended.
striking out, in line 5, the word "ten" and inserting in place
246 Acts, 1952. —Chaps. 316, 317.
thereof the word : — fifteen, — so as to read as follows : —
of'tomgn^ Section 23. Every foreign corporation shall pay for fihng
corporations a copy of its charter, bj^^-laws and the certificate required
by section five, fifty dollars to the commissioner, and for
filing all other certificates and statements, including the
annual certificate of condition required by section twelve,
fifteen dollars to the state secretary.
Approved May 12, 1962.
Chap. S16 An Act relative to transportation of school bands.
Be it enacted, etc., as follows:
Ed.K n,''§'47. Section 1. Section 47 of chapter 71 of the General Laws,
etc.. 'amended', as most Teccutly amended by section 1 of chapter 411 of the
acts of 1951, is hereby further amended by inserting after the
word "play", in line 26, the words: — or musical festivals
or competitions.
Section 2. Clause (a) of section 2A of chapter 224 of the
acts of 1936, as amended by section 2 of said chapter 411,
is hereby further amended by inserting after the word
"play", in line 18, the words: — or musical festivals or
competitions. Approved May 12, 1952.
Chap. 317 An Act relative to certain promotions in the official
service under the civil service laws.
Be it enacted, etc., as follows:
EcnsT'^-. Section 1. Section 15 of chapter 31 of the General Laws
etc!, 'amended. Is hereby amended by striking out paragraph A, as appearing
in chapter 489 of the acts of 1948, and inserting in place
thereof the following paragraph : —
Certain pro- A. Au appointing authority, with the approval of the
motions under ,. , '^^ , • ,i i . , t • •
the civil director, may promote in the same department or division
regX'ted*'' oi a department in the official service a permanent employee
in one grade to the next higher grade as determined by the
director; provided, that such employee has been employed
after certification for at least three years in the lower grade,
is the oldest employee, the second oldest employee or the
third oldest employee in length of service who is willing to
accept, and that such employee passes a quahfying examina-
tion prescribed by the director. In case of promotions of
more than one employee, the next oldest employees in suc-
cession in length of service who are wilUng to accept may be
selected from the same number of such oldest employees as
that provided in the civil service rules governing certifica-
tion for more than one vacancy. This paragraph shall not
apply in any case where a promotion is required to be made
as provided in section twenty.
Edt .3iTi5 Section 2. Said section 15 of said chapter 31 is hereby
etc'fiirther^ further amended by striking out paragraph B, as appearing
amended.
Acts, 1952. — Chap. 318. 247
in chapter lOS'of the acts of 1946, and inserting in place
thereof the following paragraph: —
B. Except as authorized by paragraph A, and except as Competitive
otherwise provided in section twenty, all promotions in the exami^JlltuTiis
official service shall be made after a competitive promo- provided.
tional examination open in succession to all permanent em-
ployees who have been employed after certification for at
least one year in the next lower grades, as determined by the
director, in the same department or division of a depart-
ment, until a sufficient number of applicants to hold a com-
petitive examination is obtained. In case an ehgible list of
at least two available persons is not established from such
promotional examination, then a competitive promotional
examination may be held open to any class within the service
of the same or any other department, or division of a de-
partment, as the director may determine. In case an eUgible
fist of at least two available persons is not established from
either of such promotional examinations, the positions shall
be filled after open competitive examination ; provided, that
if there be one person on either eUgible list, the director shall
certify such person. Approved May 12, 1952.
An Act relative to expenditures for the care, mainte- Chav.ZXS
NANCE AND REPAIR OF TUBERCULOSIS HOSPITALS IN CER-
TAIN COUNTIES.
Whereas, The deferred operation of this act would result pr'^ambi"'?^
in unnecessarily extending the period during which ex-
penditures by certain counties for tuberculosis hospital
purposes would be made without express authorization
therefor by the general court, therefore this act is hereby
declared to be an emergency law, necessary for the im-
mediate preservation of the public convenience.
Be it enacted, etc., as follows:
The trustees of the Bristol county tuberculosis hospital
and the county commissioners of the other counties herein-
after specified are hereby authorized to expend for the year
nineteen hundred and fifty-two the sums set forth in this
act for the care, maintenance and repair of the county
tuberculosis hospitals within their respective counties, and
to assess the same in the manner set forth in section eighty-
five of chapter one hundred and eleven of the General Laws,
as amended. In case of extraordinary or unforeseen emer-
gencies the director of accounts, at the request of said trustees
or county commissioners, may authorize expenditures in
excess of any particular item; provided, that another item
or items of expenditure shall be reduced by an equivalent
amount.
248
Acts, 1952. — Chap. 318.
Bristol County.
Item
1. For administration:
(o) Salaries ....
(b) Other expenses .
2. For maintenance and operation:
(a) Salaries and wages
(6) Other expenses .
3. For additions and improvements
$1,000) ....
5. For contributory retirement system
6. For interest ....
8. For unpaid bills of previous years
For total expenditures .
(in
$15,750 00
2,500 00
182,400 00
137,300 00
n excess of
7,700 00
4,928 17
3,650 00
400 00
. $354,628 17
Essex County.
Item
1. For administration :
(a) Salaries ....
(b) Other expenses .
2. For maintenance and operation :
(a) Salaries and wages
(6) Other expenses .
4. For other health services :
(6) Chnics and other extra-mural
5. For contributory retirement system
6. For interest ....
8. For unpaid bills of previous years
9. For sewer assessment .
1 1. For non-contributory pensions
For total expenditures .
$30,500 00
5,800 00
534,360 00
379,175 00
200 00
24,406 37
10,269 47
2,000 00
1,587 58
1,859 00
$990,157 42
Middlesex County.
Item
1. For administration :
(a) Salaries ....
(6) Other expenses .
2. For maintenance and operation :
(a) Salaries and wages
(6) Other expenses .
3. For additions and improvements (in excess of
$1,000) ....
5. For contributory retirement system
6. For interest ....
8. For impaid biUs of previous years
For total expenditures
$38,000 00
16,700 00
783,450 00
491,992 00
11,765 00
20,912 00
9,500 00
2,000 00
$1,374,319 00
Acts, 1952. — Chap. 318.
249
Norfolk County.
Item
1. For administration :
(a) Salaries ......
$24,2.50 00
(6) Other expenses . . . . .
4,500 00
2. For maintenance and operation :
(a) Salaries and wages . . . .
440,000 00
(6) Other expenses . . . . .
251,900 00
4. For other health services:
(a) Preventorium . . . . .
500 00
(b) Clinics and other extra-mural
6,000 00
5. For contributory retirement system
13,227 40
6. For interest ......
6,500 00
8. For unpaid bills of previous years
197 25
For total expenditures . . . .
$747,074 65
Plymouth County.
Item
1. For administration :
(o) Salaries ....
(b) Other expenses .
2. For maintenance and operation:
(a) Salaries and wages
. (6) Other expenses .
3. For additions and improvements
$1,000) ....
5. For contributory retirement system
6. For interest ....
7. For serial loans (construction)
11. For non-contributory pensions
For total expenditures .
(in excess of
$30,465 00
3,800 00
283,450 00
166,840 00
6,000 00
9,304 00
4,000 00
20,600 00
16,197 00
$540,656 00
Worcester County.
Item
1.
For administration :
(Oi) Salaries ....
(b) Other expenses .
2. For maintenance and operation :
(a) Salaries and wages
(6) Other expenses .
3. For additions and improvements
$1,000) ....
5. For contributory retirement system
6. For interest
8. For unpaid bills of previous years
For total expenditures .
(in
$45,070 00
6,000
00
402,785
00
218,990
18
n excess of
42,290
00
13,251
86
8,000
00
83
99
$736,471
03
Approved May 16, 1962.
250 Acts, 1952. — Chaps. 319, 320.
Chap. 319 An Act relative to certain payments reqihred of the
CITY OF BOSTON FOR MAKING THE BOSTON MAIN DRAINAGE
SYSTEM A PART OF THE SOUTH METROPOLITAN SEWERAGE
SYSTEM.
Be it enacted, etc., as follows:
Section 1. Chapter 645 of the acts of 1951 is hereby
amended by striking out section 1 and inserting in place
thereof the following: — Section 1 . The territory exclusively
served by the main drainage system of the city of Boston is
hereby added to and made a part of the south metropolitan
sewerage district, as defined in section one of chapter ninety-
two of the General Laws and enlarged by such acts as are
in addition thereto or in amendment thereof; and said city
shall hereafter be subject, with respect to said territory, to
the provisions, as from time to time amended, of chapter
ninety-two of the General Laws and of section twelve of
chapter seven hundred and five of the acts of nineteen hun-
dred and forty-five; provided, however, that prior to the
date when sewage is first discharged from said main drainage
system into the south metropolitan sewerage system, no
payment based upon the territory served by said main drain-
age district shall be required from the city of Boston under
sections five to eight, inclusive, of said chapter ninety-two.
Section 2. This act shall take effect as of the effective
date of chapter six hundred and forty-five of the acts of
nineteen hundred and fifty-one. Approved May 16, 1952.
C hap. S20 An Act creating the congregational church of west-
field, MASSACHUSETTS,
Be it enacted, etc., as follows:
Section L First Congregational Church of Westfield,
Massachusetts, and The Second Congregational Church in
Westfield, Massachusetts, religious corporations established
under general law, upon acceptance of this act by a two
thirds vote of the members of each of said respective cor-
porations present and voting at meetings called by each of
said respective corporations for the purpose, and by the re-
cording with the secretary of the commonwealth and in the
registry of deeds for the county of Hampden of certificates
of said votes, duly made and sworn to by the respective clerks
of said corporations, shall hereafter be a corporation by the
name of The Congregational Church of Westfield, Massa-
chusetts. Said The Congregational Church of Westfield,
Massachusetts shall be the continuance of and the lawful
successor to each and both of said corporations and shall
have all the powers, rights, franchises and privileges which
the said corporations have heretofore acquired or enjoyed by
statute, vote, gift, grant, usage, prescription or otherwise,
and subject to all the duties and Uabilities to which the said
corporations have heretofore been subject. Said The Con-
gregational Church of Westfield, Massachusetts shall have,
Acts, 1952. — Chap. 320. 251
except as may be provided otherwise in this act, all the rights,
powers and privileges and be subject to all the duties and
liabilities, of religious corporations instituted under general
law; and upon acceptance of this act as aforesaid, all mem-
bers of said corporations shall, as hereinafter provided, be
members of said new corporation. The Congregational Church
of Westfield, Massachusetts.
Section 2. The corporation created by section one is
hereby authorized to receive and hold, or disburse for re-
ligious, benevolent and charitable purposes, gifts, grants, be-
quests and devises of real and personal property to an
amount, exclusive of all buildings and the land pertaining
thereto, occupied or used by it for said purposes, not exceed-
ing the sum of five hundred thousand dollars, with full power
to sell and convey, in accordance with the terms of any
trust upon which the same is held, any part or the whole of
its said property, including said land and buildings, for pur-
poses of investment and reinvestment, for the improvement,
alteration or relocation of any of its said buildings, or for
benevolences and charities and upon any such sale the pro-
ceeds thereof shall be held upon the same trusts upon which
the property thus sold was held ; and the purchaser shall not
be responsible for the application of the purchase money.
Section 3. After the votes accepting this act have been
passed as provided in section one, but before the recording
of the certificates thereof, said First Congregational Church
of Westfield, Massachusetts and said The Second Congrega-
tional Church in Westfield, Massachusetts shall file, in the
probate court for the county of Hampden and in such other
courts of competent jurisdiction as may be necessary or
proper, petitions for instructions as to the necessity of a
formal transfer of such funds or other property now held in
trust by said corporations and as to the application to be
made of the income arising from or out of said funds or other
property or arising from or out of funds or other property
held in trust by other persons or corporations.
Section 4. The corporation created by section one shall
be entitled, except as provided in section two, to receive any
and all bequests and devises heretofore or hereafter made to
either of said corporations, however described, or to the re-
ligious societies with which said churches were connected
before their incorporation, however described.
Section 5. The property vested in the corporation cre-
ated by section one, under the provisions of this act, shall
not, after such vesting, be applied or apportioned with ref-
erence to the source or the religious body aforesaid from
which it was derived under the provisions of this act, but
shall be administered and applied by the corporation created
by section one, for its general church and charitable pur-
poses and as a single consolidated property and fund, except
that it shall carry out the specific and limited charitable
uses and trusts for which any particular monies or property,
real or personal, are held by it.
252 Acts, 1952. — Chap. 321.
Section 6. In case of doubt as to the manner in which
any property, held in trust or otherwise, conveyed to or
vested in the corporation created by section one, under the
provisions of this act, or the income thereof, should be held,
administered or applied by the said corporation, the matter
may be determined by the supreme judicial court upon the
application of any person interested or of the attorney gen-
eral; and, until said court shall otherwise order, such prop-
erty and the income thereof shall be held, administered
and applied by the said corporation in accordance with the
terms of the original trusts or as nearly in accordance there-
with as is possible. Any person aggrieved by any provision
of this act may, at any time within six months after the re-
cording of such of the various deeds or other instruments in
this act provided for, as is alleged to be the cause of such
injury, apply by petition to the supreme judicial court to
have his damages determined by a jury therein, or by or
under the direction of said court; and damages so awarded,
with the costs of suit allowed by statute in civil cases, at-
tending such award, shall be paid by the corporation created
by section one.
Section 7. Whatever authority or right is granted or
conferred by this act is hereby declared to be limited to such
authority or right as the general court may constitutionally
grant or confer.
Section 8. The first meeting of the corporation created
by section one shall be held on or before September thirtieth,
nineteen hundred and fifty-two.
Section 9. This act shall take effect upon its passage.
Approved May 16, 1952.
C hap. S21 An Act relative to the penalties for violations of
LAW REQUIRING MOTOR VEHICLE OPERATORS TO GIVE UNI-
FORM SIGNALS ON ALL WAYS.
p^lmbXe.^ Whereas, The deferred operation of this act would tend to
defeat its purpose, which is to change the penalty for certain
violations of law relative to the operation of motor vehicles,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public safety and
convenience.
Be it enacted, etc., as folloivs:
Ed.), 9oTi4B. Section 14B of chapter 90 of the General Laws, inserted by
etc., amended, chapter 649 of the acts of 1951, is hereby amended by adding
at the end the following paragraph : —
Penalties. Whoevcr violatcs any provision of this section shall be
punished by a fine of not more than five dollars for the first
offence, not less than five nor more than ten dollars for a
second offence, and not less than ten nor more than twenty-
five dollars for subsequent offences committed during any
period of twelve months. Approved May 16, 1952.
Acts, 1952. — Chaps. 322, 323, 324. . 253
An Act authorizing the department of mental health Chap.S22
TO PERMIT the TOWN OF BELCHERTOWN TO INSTALL A FIRE
WARNING SYSTEM AT THE BELCHERTOWN STATE SCHOOL.
Be it enacted, etc., as follows:
Section 1. The department of mental health is hereby
authorized to permit the town of Belchertown to install a
fire warning system at the Belchertown state school, said
system to be installed subject to such conditions and re-
strictions as the commissioner of mental health may deem
necessary.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
An Act authorizing the city of fall river to lease (7/10^.323
suitable headquarters for the AMERICAN-LEBANESE
VETERANS ASSOCIATION OF FALL RIVER, MASS., INC.
Be it enacted, etc., as folloius:
Section 1. The city of Fall River is hereby authorized
to lease suitable headquarters for the American-Lebanese
Veterans Association of Fall River, Mass., Inc., in the man-
ner provided by, and subject to the provisions of, section
nine of chapter forty of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
An Act authorizing the town of saugus to convey to rjhav 324
the east saugus improvement association, inc. a for- ^'
TION of the FREDERICK STOCKER PLAYGROUND IN SAID
TOWN.
Be it enacted, etc., as folloivs:
Section 1. The town of Saugus, by its board of selectmen
and upon such terms and conditions approved by the town
manager, town counsel and the playground commission as
said board of selectmen may by deed require, is hereby au-
thorized to convey to the East Saugus Improvement Asso-
ciation, Inc. for a nominal consideration that portion of the
Frederick Stocker playground shown on a plan entitled
"Plan of Land in Saugus, Mass." dated March, 1952, and
drawn by Francis W. Comey, Surveyor, and bounded and
described as follows : — southeasterly by Stocker street,
177.85 feet; southwesterly by land of Martin, on said plan,
91 feet, more or less; northwesterly by land of the town of
Saugus, being the remaining portion of lot A-7, 192.25 feet;
northeasterly by land of Munson, on said plan, 91 feet, more
or less. Containing, according to said plan, 16,655 plus or
minus square feet.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
254 Acts, 1952. — Chaps. 325, 326, 327.
Chap.S25 An Act authorizing the city of salem to pay the claim
OF A CERTAIN PARTNERSHIP FOR COMPENSATION FOR EN-
GINEERING WORK DONE BY IT IN CONNECTION WITH THE
ABOLITION OF THE NORTH STREET GRADE CROSSING IN
SAID CITY.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral ob-
ligation, the city of Salem is hereby authorized to appropri-
ate money for the payment of, and to pay, the claim of Fay,
Spofford and Thomdike, a partnership, of Boston, for com-
pensation for certain engineering work done by said partner-
ship at the North Street grade crossing in said city, said
claim being in the amount of thirteen thousand, four hun-
dred and sixty dollars and forty-nine cents, and being legally
unenforceable against said city by reason of the fact that it
is in excess of the sum appropriated therefor by said city.
Section 2. No bill shall be paid under authority of this
act unless and until a certificate has been signed and filed
with the auditor of said city, stating under the penalties of
perjury that the goods, materials or services for which such
bill has been submitted were ordered by an official or em-
ployee of said city, and that such goods and materials were
dehvered and actually received by said city, or that such
services were rendered to said city, or both.
Section 3. Any person who knowingly files a certificate
required by section two which is false, and who thereby re-
ceives payment for goods, materials or services which were
not received by or rendered to said city, shall be punished by
imprisonment for not more than one year or by a fine of not
more than three hundred dollars, or both.
Section 4. This act shall take effect upon its passage.
Approved May 16, 1952.
C/iap.326 An Act authorizing the trustees of the soldiers'
HOME IN HOLYOKE TO ACQUIRE BY EMINENT DOMAIN CER-
TAIN LAND ADJACENT THERETO.
Be it enacted, etc., asfolloivs:
Section 1. The trustees of the Soldiers' Home in Holyoke
may acquire by eminent domain, or otherwise, a certain par-
cel of land located in the city of Holyoke adjacent to the
hospital at said home, and may pay therefor such sum as
may be appropriated therefor.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
Chap.S27 An Act designating old colony parkway and quincy
shore drive in the cities of boston and quincy as
the WILLIAM T. MORRISSEY BOULEVARD.
Be it enacted, etc., as follows:
Section 1. Old Colony parkway in the cities of Boston
and Quincy and Quincy Shore drive in said Quincy, between
Acts, 1952. — Chaps. 328, 329, 330. 255
Kosciuszko (Columbia) Circle in Boston and Sea street in
said Quincy, shall be known and designated as the William T.
Morrissey Boulevard, in memory of William T. Morrissey,
the late commissioner of the metropolitan district commis-
sion, and suitable tablets and markers bearing said designa-
tion shall be erected and maintained along said boulevard by
said commission. For the purposes of this act, said com-
mission may expend such sum as may be appropriated
therefor.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
Chap.32S
An Act authorizing the town of auburn to borrow
money for school purposes.
Be it enacted, etc., as follows:
Section 1, For the purposes of constructing an addition
to the high school building and originally furnishing and
equipping said addition, the town of Auburn may borrow
from time to time, within a period of five years from the
effective date of this act, such sums as may be necessary,
not exceeding, in the aggregate, six hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words. Auburn School Loan, Act of 1952.
Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than twenty years
from their dates. Indebtedness incurred under this act
shall be in excess of the statutory limit, but shall, except as
provided herein, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
An Act designating the bridge over little river in
the city of westfield as the veterans' memorial
BRIDGE.
Be it enacted, etc., as follows:
Section 1. The bridge over Little river in the city of
Westfield shall be known and designated as the Veterans'
Memorial Bridge, and a suitable tablet bearing said desig-
nation shall be attached to said bridge by the state depart-
ment of public works.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
An Act authorizing the town of saugus to pay a sum Chap.ZSO
OF money to hazel c. marison.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provision of law to the
contrary, the town of Saugus is hereby authorized to appro-
priate and pay to Hazel C. Marison, a school teacher of
Chap.S29
256 Acts, 1952. —Chaps. 331, 332, 333.
said town, the sum of one hundred and ninety-three dollars
and ninety-five cents as reimbursement for medical expenses
incurred as a result of injuries sustained while in the per-
formance of her duties.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
Chap.ZSl An Act authorizing the town of mattapoisett to make
ADDITIONAL WATER LOANS.
Be it enacted, etc., as follows:
Section 1. For the purpose of developing well fields,
extending water mains and improving water distribution
facilities, the town of Mattapoisett may borrow from time
to time such sums as may be necessary, not exceeding, in
the aggregate, two hundred thousand dollars, and may issue
bonds or notes therefor which shall bear on their face the
words, Mattapoisett Water Loan, Act of 1952. Each au-
thorized issue shall constitute a separate loan, and such
loans shall be payable in not more than thirty years from
their dates. Indebtedness incurred under this act shall be
within the limits of the amount prescribed by the last para-
graph of section eight of chapter forty-four of the General
Laws.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
Chap. 332 An Act authorizing the town of saugus to pay a sum
OF money to M. pearl PETERSON.
Be it enacted, etc., as follows:
Section L Notwithstanding any provision of law to
the contrary, the town of Saugus is hereby authorized to
appropriate and pay to M. Pearl Peterson, a school teacher
of said town, the sum of four hundred and seventy-seven
dollars as reimbursement for medical expenses incurred as
a result of injuries sustained while in the p)erformance of her
duties.
Section 2. This act shall take effect upon its passage.
Approved May 16, 1952.
Chap. 333 An Act authorizing the American association for the
ADVANCEMENT OF SCIENCE TO HOLD ADDITIONAL REAL
ESTATE.
Be it enacted, etc., as follows:
Section 2 of chapter 74 of the acts of 1874, as amended
by chapter 238 of the Special Acts of 1915, is hereby further
amended by striking out, in line 3, the words "two hundred
and fifty" and inserting in place thereof the words: — five
million, five hundred, — so as to read as follows : — Seo-
Acts, 1952. — Chaps. 334, 335, 336. 257
Hon 2. Said corporation may have and hold by purchase,
grant, gift or otherwise, real estate not exceeding five milHon,
five hundred thousand dollars in value, and personal estate
in any amount. Approved May 16, 1952.
An Act authorizing the city of boston to pay a sum
of money to james f. drey.
Be it enacted, etc., as follows:
The city of Boston, notwithstanding any statute or ordi-
nance to the contrary, and subject to the approval of the
city council and mayor, and as earlier approved by the
board of apportionment of the school department and by
the school committee of said city, is hereby authorized to
pay to James F. Drey of said city a sum, not exceeding four
hundred and twelve dollars and twenty-six cents, as com-
pensation for services rendered by him as a teacher of classes
exclusively for boys in the public school system of said city
during the period from September first, nineteen hundred
and twenty-five to January twentieth, nineteen hundred
and thirty, inclusive, for which services he was not com-
pensated due to inadvertence and through no fault of said
James F. Drey. Approved May 16, 1952.
An Act designating the junction of brooks street
and nonantum road in the brighton district of the
city of boston as the raymond j. lalime square.
Be it enacted, etc., as follows:
The junction of Brooks street and Nonantum road in the
Brighton district of the city of Boston shall be known and
designated as the Raymond J. Lalime Square in honor of
a naval hero of World War II who paid the supreme sacri-
fice at Antwerp, Belgium during the battle of the Bulge,
and a suitable tablet or marker bearing said designation
shall be erected and maintained at said junction by the
metropolitan district commission. For the purposes of this
act, the commission may expend such sum as may be appro-
priated therefor. Approved May 16, 1952.
An Act authorizing the city of beverly to increase
the compensation of the members of its board of
aldermen.
Be it enacted, etc., as follows:
Section 1. Section 13 of chapter 542 of the acts of
1910, as most recently amended by section 1 of chapter
198 of the acts of 1943, is hereby further amended by strik-
ing out, in line 13, the word "three" and inserting in place
thereof the word : — five, — so as to read as follows : —
Section IS. The board of aldermen shall, so far as is con-
C/iap. 334
Chap.SSd
Chap.SSQ
258 Acts, 1952. — Chap. 337.
sistent with this act, have and exercise all the legislative
power of towns and of the inhabitants thereof, and shall
have and exercise all the powers now vested by law in the
city of Beverly and in the inhabitants thereof as a municipal
corporation, and shall have all the powers and be subject
to all the liabilities of city councils and of either branch
thereof, and it may by ordinance prescribe the manner in
which such powers shall be exercised. Its members shall
receive in full compensation for their services as members
of the board of aldermen, or of any committee thereof,
such salary as may be established by ordinance, but not
exceeding five hundred dollars per annum for each member.
Sessions of the board whether as a board of aldermen or as
a committee of the whole shall be open to the public, and a
journal of its proceedings shall be kept, which journal shall
be subject to public inspection. The vote of the board
upon any question shall be taken by roll call when the same
is requested by at least three members. Nothing herein
shall prevent the board, by special vote, from holding private
sittings for the consideration of nominations by the mayor.
Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Beverly at the next
biennial city election in the form of the following question
which shall be placed upon the official ballot to be used at
said election: — "Shall an act passed by the general court
in the year nineteen hundred and fifty-two, entitled 'An
Act authorizing the city of Beverly to increase the com-
pensation of the members of its board of aldermen', be
accepted?" If a majority of the votes cast on said question
is in the affirmative, this act shall take full effect on January
first in the year nineteen hundred and fifty-four, otherwise
it shall have no effect. Approved May 16, 1952.
Chap. ^^7 An Act relative to approval of town by-laws by the
ATTORNEY GENERAL.
Be it enacted, etc., as follows:
Ed.V,' 4o!l' 32. Chapter 40 of the General Laws is hereby amended by
etc., 'amended', striking out scctiou 32, as amended by section 1 of chapter
520 of the acts of 1941, and inserting in place thereof the
U)w°by-ia°l3 following section : — Section 32. Before a by-law takes effect
by the it shall bc approved by the attorney general or ninety days
geiuH-aif shall have elapsed without action by the attorney general
regulated. after the clerk of the town in which a by-law has been
adopted has submitted to the attorney general a certified
copy of such by-law with a request for its approval, together
with adequate proof that all of the procedural requirements
for the adoption of such by-law have been complied with.
If the attorney general does not, within said ninety days,
request of such town clerk in writing further proof of such
compliance stating specifically wherein such proof is inade-
quate, it shall be presumed that the proof submitted was
adequate. If the attorney general disapproves a by-law he
Acts, 1952. — Chaps. 338, 339. 259
shall give notice to the town clerk of the town in which the
by-law was adopted of his disapproval, with his reasons
therefor. If a by-law of a town takes effect by reason of the
failure of the attorney general to seasonably act upon a
request for its approval, the clerk of such town shall enter
in his records a statement that the by-law has become effec-
tive by reason of such failure of the attorney general to act.
Before a by-law takes effect it shall also be published in a
town bulletin or pamphlet, copies of which shall be posted
in at least five public places in the town ; and if the town is
divided into precincts, copies shall be posted in one or more
public places in each precinct of the town; or, instead of
such publishing in a town bulletin or pamphlet and such
posting, copies thereof shall be published at least three times
in one or more newspapers, if any, published in the town,
otherwise in one or more newspapers published in the county.
The requirements of publishing in a town bulletin or pam-
phlet and posting, or publishing in one or more newspapers,
as above, may be dispensed with if notice of the by-law be
given by delivering a copy thereof at every occupied dwell-
ing or apartment in the town, and affidavits of the persons
delivering the said copies, filed with the town clerk, shall be
conclusive evidence of proper notice hereunder. This section
shall not apply to cities. Approved May 16, 1952.
Chap.SSS
An Act designating the highway overpass at sullivan
SQUARE in the CHARLESTOWN DISTRICT OF THE CITY OF
BOSTON AS THE DAVID M. CLEARY MEMORIAL OVERPASS.
Be it enacted, etc., as follows:
The highway overpass being constructed at Sullivan square
in the Charlestown district of the city of Boston shall be
known and designated as the David M. Cleary Memorial
Overpass, and, upon its completion, a suitable tablet or
marker bearing said designation shall be erected thereon by
the state department of public works.
Approved May 16, 1952.
An Act authorizing the department of public utilities nhn^ qqq
TO make permanent the present temporary grade ^'
crossing of the new YORK, NEW HAVEN AND HARTFORD
railroad company at SOUTH STREET IN THE CITY OF
NORTHAMPTON.
Be it enacted, etc., as follows:
The department of public utilities, acting for and in behalf
of the commonwealth, is hereby authorized and directed,
subject to the approval of the governor and council, to make
permanent the present temporary crossing at grade across
the tracks of the New York, New Haven and Hartford Rail-
road Company at South street (otherwise known as Old
South street) in the city of Northampton.
Approved May 16, 1952.
260 Acts, 1952. — Chaps. 340, 341, 342, 343.
Chap.S^tO An Act relative to the tenure of office of the chief
OF POLICE OF THE TOWN OF NORTH BROOKFIELD.
Be it enacted, etc., as follows:
Section 1. The tenure of oflBce of the incumbent of the
office of chief of police in the town of North Brookfield shall,
upon the effective date of this act, be unlimited. Said in-
cumbent shall not be removed from office, lowered in rank
or suspended, except for just cause and for reasons specific-
ally given him in writing by the board of selectmen.
Section 2. This act shall take full effect upon its accept-
ance by a majority of the registered voters of the town of
North Brookfield at the next annual town meeting, but not
otherwise. Approved May 16, 1952.
Chap. 341 An Act authorizing the town of lenox to purchase
WATER from the CITY OF PITTSFIELD.
Be it enacted, etc., as folloivs:
Section 1. The town of Lenox, acting by and through
its board of water commissioners, may enter into a contract
or contracts with the city of Pittsfield to purchase water at
wholesale from said city for domestic and other purposes in
said town and said city is hereby authorized to contract with
and sell water to said town.
Section 2. This act shall take full effect upon its ac-
ceptance by the town of Lenox at a regular town meeting or
a special town meeting called for the purpose and by the
city council of the city of Pittsfield.
Approved May 16, 1952.
Chap. 342 An Act increasing the reimbursement to cities and
TOWNS FOR EXPENSES INCURRED FOR TONSIL AND ADENOID
operations UPON CERTAIN POOR PERSONS.
Be it enacted, etc., as follows:
G^L. ^(Ter. Section 18 of chapter 122 of the General Laws is hereby
§ IS,' etc.,' amended by striking out the eighth sentence, as appearing
amended. -^^ chapter 583 of the acts of 1945, and inserting in place
Expepses for thcreof the following sentence: — Expenses incurred by a
s^gicai town for tonsil and adenoid operations shall be reimbursed
rrimburs"ed. by the commou Wealth to an amount not exceeding twenty-
five dollars in the case of any one such operation.
Approved May 16, 1952.
Chap. 343 An Act placing the position of conservation skilled
WORKER AND CONSERVATION SKILLED HELPER IN THE
service of the DEPARTMENT OF CONSERVATION UNDER
THE CIVIL SERVICE LAWS AND RULES.
Be it enacted, etc., as follows:
Section 1. The positions of conservation skilled worker
and conservation skilled helper in the service of the depart-
ment of conservation shall, on the effective date of this act,
Acts, 1952. — Chaps. 344, 345, 346. 261
be classified under the civil service laws and rules, and the
persons employed in such positions on the effective date of
this act and who were employed in said positions on January
first, nineteen hundred and forty-nine, shall continue to serve
in such positions, and the tenure of their office shall be un-
limited, subject to the civil service laws and rules.
Section 2. The present incumbents of such offices and
positions who were not so employed on January first, nine-
teen hundred and forty-nine may continue to serve at the
pleasure of the appointing authority.
Approved May 16, 1952.
An Act relative to the taxation of certain utility Chap.Z4^
CORPORATIONS.
Be it enacted, etc., as folloivs:
Section 52A of chapter 63 of the General Laws, inserted EJo'eJ.^'
by section 1 of chapter 641 of the acts of 1951, is hereby § s^.a e'tc.
amended by striking out the first sentence of paragraph (b) *'"''°
of subdivision (1) and inserting in place thereof the follow-
ing sentence: — "Net income" for the taxable year means "Net income"
net income (gross income less allowable deductions other ^^^°^'^-
than losses sustained in other fiscal or calendar years) as
determined pursuant to the federal revenue act apphcable
for said taxable year, except that in any such determination
dividends from another utihty corporation shall be excluded
from gross income. Approved May 16, 1952.
An Act repealing certain provisions of law relative phnj^ 345
TO sight saving classes for children. "'
Be it enacted, etc., as follows:
Section 16 of chapter 69 of the General Laws, as appearing g. l. (Ter.
in the Tercentenary Edition, is hereby repealed. ^pi^i^'. ^ ^^'
Approved May 16, 1952.
An Act relative to the charging of certain fees for nh^j. 94 a
services performed in connection with the rental ^'
OR leasing of property for dwelling purposes.
Be it enacted, etc., as follows:
Chapter 271 of the General Laws is hereby amended by G.L.(Ter.Ed.).
inserting after section 44 the following section: — Section 45. added^^ ^*^'
No person engaged in the business of finding dwelling ac- charging of
commodations for prospective tenants desirous of renting [endn^g or
the same shall charge such prospective tenants any fee leasing cei-
solely for the registration of such prospective tenants; pro- tfeT. ^egiXted.
vided, however, that nothing herein contained shall be
construed to prevent a broker from being entitled to a com-
mission for actually finding such accommodations, or a
renting agent from receiving a registration fee; provided,
262 AcTS,.1952. — Chap. 347.
that said agent furnishes the prospective tenant with a
written contract in which said agent agrees (1) to soHcit
the Hsting of vacant apartments from landlords directly
or by advertising for the same in a daily newspaper at least
once a day; (2) to mail to said prospective tenant at least
twice a week a list of at least twenty apartments which
the renting agent beheves to be available for rental; and
(3) to perform the above mentioned services for a period
of thirty days from the date of receipt of the entire amount
of said registration fee, unless prior to the expiration of said
thirty days the agent provides dwelling accommodations
for said prospective tenant. Any renting agent who lists
apartments which he believes to be available for occupancy
shall designate, by suitable words, any of such apartments
which must be shared with some other person or persons,
and the number of rooms that such other person or persons
will occupy, if such apartment is rented.
Any person entitled to a commission for obtaining dwelling
accommodations for another shall in determining the amount
of his commission deduct therefrom any money received
by him from such other person as a registration fee under
the provisions of this section.
Penalty. Whocver wilfully or intentionally violates any provision
of this section shall be punished by a fine of not more than
one hundred dollars. Approved May 16, 1952.
Chap. 34:7 An Act relative to the annual tour of duty of certain
MEMBERS OF THE UNITED STATES COAST GUARD RESERVE
AND THE AIR FORCE RESERVE WHO ARE EMPLOYEES OF THE
COMMONWEALTH OR ITS POLITICAL SUBDIVISIONS.
Be it enacted, etc., as follows:
G.L. (Ter. Chapter 33 of the General Laws is hereby amended by
etc!, 'amended. Striking out sectiou 54, as appearing in section 1 of chapter
425 of the acts of 1939, and inserting in place thereof the
following section: — Section 54- Any person in the service
JfTute and''^ ^^ ^^^ commouwealth, or of a county, city or town which,
municipal by vote of its county commissioners or city council or of its
tnoolsr^ inhabitants at a towni meeting, accepts this section, shall
l^rhouUosr ^^ entitled, during the time of his service in the organized
of pay. miUtia, under sections eleven, seventeen, eighteen, nineteen,
one hundred and five or one hundred and fifty-four, or during
his annual tour of duty of not exceeding fifteen days as a
member of the organized reserve of the army of the United
States, of the United States naval reserve forces, of the
United States Coast Guard Reserve, or of the Air Force
Reserve, to receive pay therefor, without loss of his ordinary
remuneration as an employee or official of the common-
wealth, or of such county, city or town, and shall also be
entitled to the same leaves of absence or vacation with pay
given to other Uke employees or officials.
Approved May 16, 1952.
Acts, 1952. — Chaps. 348, 349, 350. 263
An Act relative to the powers and duties of the QIiq^t) 343
board of probation.
Be it enacted, etc., as follows:
Section 99 of chapter 276 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by in- § 99;
serting after the third sentence the following sentence : — amended.
The board may authorize the attendance of any or all such dutTls^of the
justices and officers at other conferences within or without ^rohtttL
the commonwealth, which, in its discretion, promote the
general welfare of the probation service.
Approved May 16, 1952.
An Act to prohibit the transportation of live foxes C/ia».349
WITHIN the commonwealth WITHOUT A PERMIT THEREFOR.
Be it enacted, etc., as follows:
Section 111 of chapter 131 of the General Laws, as most g. l. (Ter.
recently amended by chapter 397 of the acts of 1947, is fVii/etc..
hereby further amended by striking out the first sentence and amended.
inserting in place thereof the following sentence: — No per- Transportation
son shall bring or cause to be brought into the commonwealth Foxes within
any live bird or mammal protected by this chapter, or any re'XtedT^"'**''
member of the family sciuridae of the order rodentia, unless
he first obtains a permit so to do from the director, nor
shall any person liberate any bird or mammal, wild by na-
ture, other than birds used as decoys at the time of such
liberation, nor shall any person transport live foxes within
the commonwealth, except in accordance with the provisions
of an outstanding permit issued to him.
Approved May 16, 1952.
An Act placing the office of executive secretary of
THE rehabilitation COMMISSION IN THE DEPARTMENT OF
INDUSTRIAL ACCIDENTS UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Upon the effective date of this act, the office of executive
secretary of the rehabilitation commission in the department
of industrial accidents shall become subject to the civil
service laws* and rules, and the incumbent of said office shall
have unlimited tenure of office, subject, however, to said
laws, but shall be subjected by the division of civil service
to a qualifying examination, and if said incumbent passes
said examination he shall be certified for said office and
deemed to be permanently appointed thereto, without being
required to serve any probationary period.
Approved May 16, 1952.
Chap.^m
264 Acts, 1952. — Chaps. 351, 352.
Chap. 351 An Act further extending the provisions of absent
VOTING TO MEMBERS OF THE ARMED FORCES OF THE UNITED
STATES.
'^rTambie''^ ^^^'"'^(^^1 The deferred operation of this act would tend
to defeat its purpose, which is to protect without delay
residents of the commonwealth serving in or with the armed
forces of the United States in the exercise of their right of
suffrage, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
The provisions of chapter five hundred and thirty-one
of the acts of nineteen hundred and forty-eight, pertaining
to absent voting by members of the armed forces of the
United States, shall be applicable to (1) members of the
armed forces of the United States serving as a component
unit under the flag of the United Nations, and (2) members
of the armed forces of the United States serving within or
without the continental limits of the United States.
Approved May 20, 1962.
Chap.S52 A.N Act making certain changes in the law relative
TO THE ADOPTION OF CHILDREN.
Be it enacted, etc., as follows:
gjL. ^Ter Chapter 210 of the General Laws is hereby amended by
etc!. 'amended'. Striking out scctiou 3, as most recently amended by chapter
674 of the acts of 1951, and inserting in place thereof the
of'^cMdJen. following : — Section 3. The consent of the persons named
in section two, other than the child or her husband, if any,
shall not be required if the person to be adopted is of full
age, nor shall the consent of any such person other than the
child be required if such person is adjudged by the court
hearing the petition to be hopelessly insane, or is imprisoned
in any penal institution in this commonwealth under sen-
tence for a term of which more than three years remain
unexpired at the date of the petition; or if he has wilfully
deserted or neglected to provide proper care and mainte-
nance for such child for one year last preceding the date of
the petition, and the foregoing provision shall be applicable
to the father of the child and his consent shall not be re-
quired notwithstanding the absence of a court decree ordering
said father to pay for the support of said child, and notwith-
standing a court decree awarding custody of said child to
its mother; or if he has suffered such child to be supported
for more than one year continuously prior to the petition by
an incorporated charitable institution or by a town or by
the commonwealth; or if he has been sentenced to imprison-
ment for drunkenness upon a third conviction within one
year and neglects to provide proper care and maintenance
Acts, 1952. — Chap. 353. 265
for such child ; or if such person has been convicted of being
a common night walker or a lewd, wanton and lascivious
person, and neglects to provide proper care and mainte-
nance for such child. A giving up in writing of a child, for
the purpose of adoption, to an incorporated charitable
institution or the department of public welfare shall operate
as a consent to any adoption subsequently approved by
such institution or said department. Notice of the petition Notice
shall be given to the department of public welfare, if the ofpefition.
child is supported by a town or by the commonwealth, and
if the child is supported by a town, notice shall also be given
to the board of public welfare thereof, and in Boston said
notice shall be given both to the overseers of the public
welfare in the city of Boston and to the institutions de-
partment. Approved May 21, 1952.
An Act relative to reimbursement by the common- nhnj) qkq
WEALTH TO COMBINATIONS OF CITIES AND TOWNS AND ^'
WELFARE DISTRICTS SO CALLED.
Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, which is to make immediately effective ^'^''''™
certain changes in the law relating to reimbursement by
the commonwealth in certain welfare cases, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section 44 of chapter 117 of the General EdViTv'^s
Laws is hereby amended by inserting after the words "eight- etc!, ameAded*'
een A", in line 9, as appearing in chapter 476 of the acts of
1938, the words : — , one hundred and eighteen D.
Section 2. Said chapter 117 is hereby further amended g. l. (Ter.
by striking out section 45, as amended by section 2 of chap- ^tt!'amlAded^'
ter 293 of the acts of 1950, and inserting in place thereof the
following section : — Section 1^5. Each public welfare dis- Reimbursement
trict established under section forty-four shall certify to the weaTtrSf"""
commissioner of public welfare the amounts paid for the pxpense.-^ of
necessary expenses of administration. One third of the tion."^^ ^^"
amounts allowed by said commissioner for such expenses of
administration shall be reimbursed by the commonwealth
to said district on or before the tenth day of March, June,
September or December, whichever of such dates next
follows such certification. The amount reimbursed under
authority of this section may be expended by the district,
without appropriation, for administration expenses of the
district.
Section 3. Section 2 of chapter 118B of the General ^j^ {7|^-
Laws, as appearing in section 7 of chapter 793 of the acts §'2' etc., '
of 1950, is hereby amended by striking out the first sentence ^•^''"'^'''^
and inserting in place thereof the following sentence: —
Except as provided in sections three to seven, inclusive, the Employment
board of public welfare of every city or town, for the purpose °^ certain
266
Acts, 1952. — Chap. 353.
persons by
boards of
public
welfare.
G. L. (Ter.
Ed.l, 118B,
§ 3, etc.,
amended.
G. L. fTer.
Ed.), USB,
§ 5, etc.,
amended.
G. L. (Ter.
Ed.), 118B,
§ 6, eto.,
amended.
G. L. (Ter.
Ed.), IISB,
§ 9, etc.,
amended.
G. L. (Tor.
Ed.), 118B,
§ 10, etc.,
amended.
G. L. (Ter.
Ed.), 118D,
§ 20, etc.,
amended.
Reimbursement
by the com-
monwealth,
etc.
Effective
date.
of carrying out the provisions of chapters one hundred and
eighteen, one hundred and eighteen A and one hundred and
eighteen D, relative to aid to dependent children, old age
assistance and assistance to persons who are disabled, shall
employ an agent or administrator and such other persons
as may be required.
Section 4. Section 3 of said chapter 118B, as so ap-
pearing, is hereby amended by inserting after the word
"children", in hne 7, the words: — , assistance to persons
who are disabled.
Section 5. Section 5 of said chapter 118B, as so ap-
pearing, is hereby amended by inserting after the word
"assistance", in line 23, the words: — , assistance to persons
who are disabled.
Section 6. Section 6 of said chapter 118B, as so ap-
pearing, is hereby amended by striking out, in lines 6 and 7,
the words "and one hundred and eighteen A" and inserting
in place thereof the words : — , one hundred and eighteen A
and one hundred and eighteen D.
Section 7. Section 9 of said chapter 118B, as so ap-
pearing, is hereby amended by striking out, in lines 3 and 4,
the words "and one hundred and eighteen A" and inserting
in place thereof the words : — , one hundred and eighteen A
and one hundred and eighteen D, — and by inserting after
the word "assistance", in line 21, the words: — , assistance
to persons who are disabled.
Section 8. Section 10 of said chapter 118B, as so ap-
pearing, is hereby amended by striking out, in hne 9, the
words "or one hundred and eighteen A" and inserting in
place thereof the words: — , one hundred and eighteen A
or one hundred and eighteen D.
Section 9. Section 20 of chapter 118D of the General
Laws, as appearing in section 2 of chapter 741 of the acts
of 1951, is hereby amended by striking out the first sentence
and inserting in place thereof the following sentence : —
In addition to the amount of federal reimbursement paid
to the town under section nineteen, the town shall also be
reimbursed by the commonwealth in an additional amount
which, together with the federal reimbursement, shall
amount to seventy-five per cent of the assistance expendi-
tures which have been lawfully incurred under this chapter
and of the expenses of administering this chapter; except
that expenses of administering this chapter shall be available
to welfare districts estabhshed under chapter one hundred
and seventeen and cities and towns which have entered
into combinations under chapter one hundred and eighteen B
only as provided in said chapters one hundred and seventeen
and one hundred and eighteen B.
Section 10. This act shall take effect as of April first,
nineteen hundred and fifty- two. Approved May 23, 1952.
Acts, 1952. — Chap. 354. 267
An Act providing for the construction, maintenance, QJidjy 354
REPAIR AND OPERATION OF A SELF-LIQUIDATING EXPRESS
HIGHWAY FROM A POINT IN THE VICINITY OF THE CITY OF
BOSTON TO A POINT AT OR NEAR THE NEW YORK STATE
line; CREATING THE MASSACHUSETTS TURNPIKE AUTHOR-
ITY AND DEFINUJIG ITS POWERS AND DUTIES; AND PROVID-
ING FOR THE FINANCU^G OF SUCH EXPRESS HIGHWAY.
Whereas, The deferred operation of this act would un-
necessarily delay the construction of the much needed ex-
press highway provided for herein and thereby delay the
removal of many of the present handicaps and hazards on
the congested highways in the commonwealth, therefore this
act is hereby declared to be an emergency law, necessary for
the immediate preservation of the public safety and con-
venience.
Be it enacted, etc., as follows:
Section 1. Massachusetts Turnpike. — The Massachu-
setts Turnpike Authority (hereinafter created) is hereby
authorized and empowered, subject to the provisions of this
act, to construct, maintain, repair and operate at such loca-
tion as may be approved by the state department of public
works a toll express highway, to be known as the "Massa-
chusetts Turnpike", from a point in the vicinity of the city
of Boston to a point at or near the boundary line between
the Commonwealth and the State of New York or such part
or parts thereof as it may determine, and to issue turnpike
revenue bonds of the Authority, payable solely from reve-
nues, to finance such turnpike.
Section 2. Credit of Commonwealth not Pledged. — Turn-
pike revenue bonds issued under the provisions of this act
shall not constitute a debt of the commonwealth or of any
political subdivision thereof or a pledge of the faith and credit
of the commonwealth or of any such political subdivision,
but such bonds shall be payable solely from the funds herein
provided therefor from revenues. All such turnpike revenue
bonds shall contain on the face thereof a statement to the
effect that neither the commonwealth nor the Authority
shall pay the same or the interest thereon except from rev-
enues of the turnpike and that neither the faith and credit
nor the taxing power of the commonwealth or of any political
subdivision thereof is pledged to the payment of the principal
of or the interest on such bonds.
All expenses incurred in carrying out the provisions of
this act shall be payable solely from funds provided under
the authority of this act and no liability or obligation shall
be incurred by the Authority hereunder beyond the extent
to which moneys shall have been provided under the pro-
visions of this act.
Section 3. Massachusetts Turnpike Authority. — There
is hereby created and placed in the state department of
public works a body politic and corporate to be known as
268 Acts, 1952. — Chap. 354.
the "Massachusetts Turnpike Authority", which shall not
be subject to the supervision and regulation of the depart-
ment of public works or of any other department, conmiis-
sion, board, bureau or agency of the commonwealth except
to the extent and in the manner provided in this act. The
Authority is hereby constituted a pubUc instrumentality,
and the exercise by the Authority of the powers conferred
by this act in the construction, operation and maintenance
of the turnpike shall be deemed and held to be the per-
formance of an essential governmental function.
The Massachusetts Turnpike Authority shall consist of
three members, to be appointed by the governor, by and
with the advice and consent of the council, who shall be
residents of the commonwealth, not more than two of whom
shall be of the same pohtical party. The members of the
Authority first appointed shall continue in office for terms
expiring on July first, nineteen hundred and fifty-eight,
July first, nineteen hundred and fifty-nine and July first,
nineteen hundred and sixty, respectively, the term of each
such member to be designated by the governor, and until
their respective successors shall be duly appointed and
quaUfied. The governor shall designate one of the members
as chairman who shall serve as such during his term of
office. Upon the expiration of the term of office of such
chairman, the governor shall appoint one of the members
as his successor as chairman. The successor of each member
shall be appointed for a term of eight years, except that
any person appointed to fill a vacancy shall serve only for
the unexpired term. Any member of the Authority shall be
ehgible for reappointment. Each member of the Authority
before entering upon his duties shall take an oath before the
governor to administer the duties of his office faithfully and
impartially, and a record of such oaths shall be filed in the
office of the secretary of the commonwealth.
The Authority shall elect one of the members as vice
chairman thereof and shall also elect a secretary-treasurer
who need not be a member of the Authority. Two members
of the Authority shall constitute a quorum and the afiirma-
tive vote of two members shall be necessary for any action
taken by the Authority. No vacancy in the membership of
the Authority shall impair the right of a quorum to exercise
all the rights and perform all the duties of the Authority.
Before the issuance of any turnpike revenue bonds under
the provisions of this act, each member of the Authority
shall execute a surety bond in the penal sum of twenty-five
thousand dollars, and the secretary-treasurer shall execute
a surety bond in the penal sum of fifty thousand dollars,
each such surety bond to be conditioned upon the faithful
performance of the duties of his office, to be executed by a
surety company authorized to transact business in the com-
monwealth as surety and to be approved by the attorney
general and filed in the ofiice of the secretary of the common-
wealth. The chairman of the Authority shall receive an
Acts, 1952. — Chap. 354. 269
annual salary of twelve thousand dollars and the other
members shall each receive an annual salary of ten thousand
dollars. Each member shall be reimbursed for his actual
expenses necessarily incurred in the performance of his
duties. All expenses incurred in carrying out the provisions
of this act shall be paid solely from funds provided under
the authority of this act and no liability or obligation shall
be incurred by the Authority hereunder beyond the extent
to which moneys shall have been provided under the au-
thority of this act.
Section 4. Definitions. — As used in this act, the follow-
ing words and terms shall have the following meanings, unless
the context shall indicate another or different meaning or
intent : —
(a) The word "Authority" shall mean the Massachusetts
Turnpike Authority, created by section three of this act, or,
if said Authority shall be abolished, the board, body or
commission succeeding to the principal functions thereof or
to whom the powers given by this act to the Authority shall
be given by law.
(6) The word "turnpike" shall mean the express toll high-
way or such part or parts thereof as may be constructed
under the provisions of this act, together with and including
all bridges, tunnels, overpasses, underpasses, interchanges,
entrance plazas, approaches, connecting highways, service
stations, restaurants and administration, storage and other
buildings and facilities which the Authority may deem neces-
sary for the operation of the turnpike, together with all
property, rights, easements and interests which may be ac-
quired by the Authority for the construction or the opera-
tion of the turnpike.
(c) The term "cost of the turnpike" shall embrace the
cost of construction, the cost of the acquisition of all land,
rights-of-way, property, rights, easements and interests ac-
quired by the Authority for such construction, the cost of
demolishing or removing any buildings or structures on land
so acquired, including the cost of acquiring any lands to
which such buildings or structures may be moved, the cost
of all machinery and equipment, financing charges, interest
prior to and during construction, and, if deemed advisable
by the Authority, for one year after completion of construc-
tion, cost of traffic estimates and of engineering and legal
expenses, plans, specifications, surveys, estimates of cost
and of revenues, other expenses necessary or incident to de-
termining the feasibility or practicability of constructing the
turnpike, administrative expenses, and such other expenses
as may be necessary or incident to the construction of the
turnpike, the financing of such construction and the placing
of the turnpike in operation. Any obligation or expense
hereafter incurred by the state department of public works
with the approval of the Authority for traffic surveys, bor-
ings, preparation of plans and specifications, and other en-
gineering services in connection with the construction of the
270 Acts, 1952. —Chap. 354.
turnpike shall be regarded as a part of the cost of the turn-
pike and shall be reimbursed to the commonwealth to the
credit of the Highway Fund.
Section 5. General Grant of Powers. — The Authority is
hereby authorized and empowered —
(a) To adopt by-laws for the regulation of its affairs and
the conduct of its business;
(b) To adopt an official seal and alter the same at pleasure ;
(c) To maintain an office or offices at such place or places
within the commonwealth as it may determine;
(d) To sue and be sued in its own name, plead and be
impleaded;
(e) To construct, reconstruct, maintain, repair and op-
erate the turnpike or any part or parts thereof as it may
determine ;
(/) To acquire sites abutting on the turnpike and to con-
struct or contract for the construction of buildings and ap-
purtenances for gasoline stations, restaurants and other serv-
ices and to lease the same for the above purposes in such
manner and under such terms as it may determine ;
(g) To issue turnpike revenue bonds of the Authority for
any of its corporate purposes, payable solely from the tolls
and revenues pledged for their payment, and to refund its
bonds, all as provided in this act;
(h) To fix and revise from time to time and charge and
collect tolls for transit over the turnpike ;
(?) To establish rules and regulations for the use of the
turnpike ;
(j) To acquire, hold and dispose of real and personal prop-
erty in the exercise of its powers and the performance of its
duties under this act;
(k) To acquire in the name of the Authority by purchase
or otherwise, on such terms and conditions and in such man-
ner as it may deem proper, or by the exercise of the power of
eminent domain in accordance with the provisions of chap-
ter seventy-nine of the General Laws or any alternative
method now or hereafter provided by general law, in so far
as such provisions may be applicable, such public lands,
parks, playgi'ounds, reservations, cemeteries, highways or
parkways, or parts thereof or rights therein, and any fee
simple absolute or any lesser interest in such private property
as it may deem necessary for carrying out the provisions of
this act, including any fee simple absolute in, easements
upon, or the benefit of restrictions upon, abutting property
to preserve and protect the turnpike; provided, however,
that whenever a parcel of private property so taken is used
in whole or part for residential purposes, the owner or owners
of said parcel may, within thirty days of the date of the
Authority's notice to vacate such parcel, appeal to the Au-
thority for a postponement of the date set for vacating,
whereupon the Authority shall grant to the o\\Tier or owners
of the property a postponement of three months from the
date of such appeal; provided, however, that the appeal for
Acts, 1952. — Chap. 354. 271
such postponement shall be in the form of a written request
to the Authority sent by registered mail, return receipt re-
quested; and provided, further, that the Authority shall
give security to the state treasurer, in such amount and in
such form as may be determined by the state department of
public works, for the payment of such damages as may be
awarded in accordance with law for such taking, and that
the provisions of section forty of said chapter seventy-nine,
in so far as the same may be applicable, shall govern the
rights of the Authority and of any person whose property
shall be so taken;
(I) To designate the locations, and establish, limit and
control such points of ingress to and egress from the turn-
pike as may be necessary or desirable in the judgment of the
Authority to insure the proper operation and maintenance
of the turnpike, and to prohibit entrance to the turnpike
from any point or points not so designated;
(m) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and
the execution of its powers under this act;
(n) To employ consulting engineers, attorneys, account-
ants, construction and financial experts, superintendents,
managers, and such other employees and agents as may be
necessary in its judgment, and to fix their compensation;
(o) To receive and accept from any federal agency grants
for or in aid of the construction of the turnpike, and to re-
ceive and accept aid or contributions from any source of
either money, property, labor or other things of value, to
be held, used and applied only for the purposes for which
such grants and contributions may be made ; and
(p) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this act.
Section 6. State Highways. — The Authority may, with
the approval of the state department of public works, in-
corporate in the turnpike any existing state highway or part
thereof or any partially completed state highway or any
bridge which it may deem necessary for a proper alignment
of the turnpike, and the actual cost thereof shall be reim-
bursed to the commonwealth to the credit of the Highway
Fund from the proceeds of its turnpike revenue bonds.
Section 7. Incidental Powers. — The Authority shall
have power to construct grade separations at intersections of
the turnpike with public highways and to change and adjust
the lines and grades of such highways so as to accommodate
the same to the design of such grade separation. The cost of
such grade separations and any damage incurred in changing
and adjusting the lines and grades of such highways shall
be ascertained and paid by the Authority as a part of the
cost of the turnpike.
If the Authority shall find it necessary to change the loca-
tion of any portion of any public highway, it shall recon-
struct the same at such location as the Authority shall deem
most favorable, with the approval of the state department of
272 Acts, 1952. — Chap. 354.
public works, and of substantially the same type and in as
good condition as the original highway. The cost of such
reconstruction and any damage incurred in changing the
location of any such highway shall be ascertained and paid
by the Authority as a part of the cost of the turnpike.
Any public highway affected by the construction of the
turnpike may be vacated or relocated by the Authority in
the manner now provided by law for the vacation or reloca-
tion of public roads and any damages awarded on account
thereof shall be paid by the Authority as a part of the cost
of the turnpike.
In addition to the foregoing powers the Authority and its
authorized agents and employees may enter upon any lands,
waters and premises in the commonwealth for the purpose
of making surveys, soundings, drillings and examinations as
they may deem necessary or convenient for the purposes of
this act, and such entry shall not be deemed a trespass, nor
shall an entry for such purposes be deemed an entry under
any condemnation proceedings which may be then pending.
The Authority shall make reimbursement for any actual
damage resulting to such lands, waters and premises as a
result of such activities.
The Authority shall also have power to make reasonable
regulations including the authority to grant easements for
the installation, construction, maintenance, repair, renewal,
relocation and removal of tracks, pipes, pipelines, mains,
conduits, cables, wires, towers, poles and other equipment
and appliances of any pubUc utility, or of any corporation or
person owning or operating pipelines in, on, along, over or
under the turnpike. Whenever the Authority shall deter-
mine that it is necessary that any such facilities which now
are, or hereafter may be located in, on, along, over or under
the turnpike should be relocated in the turnpike, or should
be removed from the turnpike, the public utility, corporation
or person owning or operating such faciUties shall relocate or
remove the same in accordance with the order of the Author-
ity. In case of any such relocation or removal of facilities,
the public utility, corporation or person owning or operating
the same, its successors or assigns, may maintain and oper-
ate such facilities, with the necessary appurtenances, in the
new location or new locations, for as long a period, and upon
the same terms and conditions, as it had the right to main-
tain and operate such facilities in their former location or lo-
cations.
The commonwealth hereby consents to the use of all lands
owned by it, including lands lying under water, which are
deemed by the Authority to be necessary for the construction •
or operation of the turnpike.
The Authority may sell the buildings or other structures
upon any lands taken by it, or may remove the same, and
shall sell, if a sale be practicable, or if not, shall lease, if a
lease be practicable, any lands or rights or interest in lands or
other property taken or purchased for the purposes of this
Acts, 1952. — Chap. 354. 273
act, whenever the same shall, in the opinion of the Authority,
cease to be needed for such purpose. The proceeds of any-
such sale or lease shall be applied toward the cost of the
turnpike or deposited to the credit of the sinking fund for
the turnpike revenue bonds issued under the provisions of
this act.
The Authority may place and maintain or may grant per-
mission by easement or otherwise to any corporation or per-
son to place and maintain on or under or within the turnpike
ducts, pipes, pipelines, wires or other structures, to be so
located as not to interfere with the safe and convenient op-
eration and maintenance of the turnpike, and may contract
with any such person or corporation for such permission on
such terms and conditions as may be fixed by the Authority.
The construction, maintenance and repairs of any such ducts,
pipes, pipelines, wires or other structures shall be subject to
such directions and regulations as the Authority may impose.
Section 8. Turnpike Revenue Bonds. — The Authority
is hereby authorized to provide by resolution, at one time or
from time to time, for the issuance of turnpike revenue bonds
of the Authority for the purpose of paying all or any part of
the cost of the turnpike or any part or parts thereof. The
principal of and the interest on such bonds shall be payable
solely from the funds herein provided for such payment.
The bonds shall be dated, shall bear interest at such rate or
rates, not exceeding five per centum per annum, shall mature
at such time or times not exceeding forty years from their
date or dates, all as may be determined by the Authority,
and may be made redeemable before maturity, at the option
of the Authority, at such price or prices and under such
terms and conditions as may be fixed by the Authority prior
to the issuance of the bonds. The Authority shall determine
the form of the bonds, including any interest coupons to be
attached thereto, and shall fix the denomination or denomina-
tions of the bonds and the place or places of payment of
principal and interest, which may be at any bank or trust
company within or without the commonwealth. The bonds
shall be signed by the chairman of the Authority or shall
bear his facsimile signature, and shall bear a facsimile of the
official seal of the Authority, attested by the secretary-
treasurer of the Authority, and any coupons attached thereto
shall bear the facsimile signature of the chairman of the
Authority. In case any officer whose signature or a facsimile
of whose signature shall appear on any bonds or coupons
shall cease to be such officer before the delivery of such bonds,
such signature or such facsimile shall nevertheless be valid
and sufficient for all purposes the same as if he had remained
in office until such delivery. All bonds issued under the pro-
visions of this act shall have and are hereby declared to have
all the quaUties and incidents of negotiable instruments
under the negotiable instruments law of the commonwealth.
The bonds may be issued in coupon or in registered form, or
both, as the Authority may determine, and provision may
274 Acts, 1952. — Chap. 354.
be made for the registration of any coupon bonds as to prin-
cipal alone and also as to both principal and interest, for the
reconversion into coupon bonds of any bonds registered as
to both principal and interest, and for the interchange of
registered and coupon bonds. The Authority may sell such
bonds in such manner, either at public or at private sale, and
for such price, as it may determine to be for the best interests
of the Authority, but no such sale shall be made at a price so
low as to require the payment of interest on the money re-
ceived therefor at more than five per centum per annum,
computed with relation to the absolute maturity of the bonds
in accordance with standard tables of bond values, excluding,
however, from such computation the amount of any premium
to be paid on redemption of any bonds prior to maturity.
The proceeds of the bonds shall be used solely for the pay-
ment of the cost of the turnpike, and shall be disbursed in
such manner and under such restrictions, if any, as the Au-
thority may provide in the resolution authorizing the issu-
ance of such bonds or in the trust agreement hereinafter
mentioned securing the same. If the proceeds of the bonds
initially issued, by error of estimates or otherwise, shall be
less than such cost, additional bonds may in like manner be
issued to provide the amount of such deficit, and, unless
otherwise provided in the resolution authorizing the issuance
of such bonds or in the trust agreement securing the same
shall be deemed to be of the same issue and shall be entitled
to payment from the same fund without preference or
priority of the bonds first issued. If the proceeds of the
bonds shall exceed such cost, the surplus shall be deposited
to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the Authority
may, under like restrictions, issue interim receipts or tempo-
rary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds shall have been executed
and are available for deUvery. The Authority may also pro-
vide for the replacement of any bonds which shall become
mutilated or shall be destroyed or lost. Bonds may be
issued under the provisions of this act without obtaining the
consent of any department, division, commission, board,
bureau or agency of the commonwealth, and without any
other proceedings or the happening of any other conditions or
things than those proceedings, conditions or things which
are specifically required by this act.
Section 9. Trust Agreement. — In the discretion of the
Authority the bonds issued under the provisions of this act
may be secured by a trust agreement by and between the
Authority and a corporate trustee, which may be any trust
company or bank having the powers of a trust company
within or without the conmion wealth. Such trust agreement
or the resolution providing for the issuance of such bonds may
pledge or assign the tolls and other revenues to be received,
but shall not convey or mortgage the turnpike or any part
thereof. Such trust agreement or resolution providing for
Acts, 1952. — Chap. 354. 275
the issuance of such bonds may contain such provisions for
protecting and enforcing the rights and remedies of the bond-
holders as may be reasonable and proper and not in viola-
tion of law, including covenants setting forth the duties of
the Authority in relation to the acquisition of property and
the construction, improvement, maintenance, repair, opera-
tion and insurance of the turnpike, the rates of toll to be
charged, and the custody, safeguarding and application of
all moneys. It shall be lawful for any bank or trust company
incorporated under the laws of the commonwealth which may
act as depositary of the proceeds of bonds or of revenues to
furnish such indemnifying bonds or to pledge such securities
as may be required by the Authority. Such trust agreement
may set forth the rights and remedies of the bondholders and
oi the trustee, and may restrict the individual right of action
by bdndholders. In addition to the foregoing, such trust
agreement or resolution may contain such other provisions
as the Authority may deem reasonable and proper for the
security of the bondholders. All expenses incurred in carry-
ing out the provisions of such trust agreement or resolution
may be treated as a part of the cost of the operation of the
turnpike.
Section 10. Revenues. — The Authority is hereby au-
thorized to fix, revise, charge and collect tolls for the use of
the turnpike and the different parts or sections thereof, and
to contract with any person, partnership, association or cor-
poration desiring the use of any part thereof, including the
right-of-way adjoining the paved portion, for placing thereon
telephone, telegraph, electric light or power lines, gas sta-
tions, garages and restaurants, or for any other purpose
except for tracks for railroad or railway use, and to fix the
terms, conditions, rents and rates of charges for such use.
Such tolls shall be so fixed and adjusted in respect of the
aggregate of tolls from the turnpike as to provide a fund
sufficient with other revenues, if any, to pay (a) the cost of
maintaining, repairing and operating the turnpike and (6)
the principal of and the interest on such bonds as the same
shall become due and payable, and to create reserves for
such purposes. Such tolls shall not.be subject to supervi-
sion or regulation by any department, division, commission,
board, bureau or agency of the commonwealth or any po-
litical subdivision thereof. The tolls and all other revenues
derived from the turnpike, except such part thereof as may
be necessary to pay such cost of maintenance, repair and
operation and to provide such reserves therefor as may be
provided for in the resolution authorizing the issuance of
such bonds or in the trust agreement securing the same,
shall be set aside at such regular intervals as may be pro-
vided in such resolution or such trust agreement in a sinking
fund which is hereby pledged to, and charged with, the pay-
ment of the principal of and the interest on such bonds as
the same shall become due, and the redemption price or the
purchase price of bonds retired by call or purchase as therein
276 Acts, 1952. — Chap. 354.
provided. Such pledge shall be valid and binding from the
time when the pledge is made; the tolls or other revenues
or other moneys so pledged and thereafter received by the
Authority shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act,
and the lien of any such pledge shall be valid and binding
as against all parties having claims of any kind in tort, con-
tract or otherwise against the Authority, irrespective of
whether such parties have notice thereof. Neither the reso-
lution nor any trust agreement by which a pledge is created
need be filed or recorded except in the records of the Author-
ity. The use and disposition of moneys to the credit of such
sinking fund shall be subject to the provisions of the resolu-
tions authorizing the issuance of such bonds or of such trust
agreement. Except as may otherwise be provided in such
resolution or such trust agreement, such sinking fund shall
be a fund for all such bonds without distinction or priority
of one over another.
Section 11. Trust Funds. — All moneys received pursu-
ant to the authority of this act, whether as proceeds from
the sale of bonds or as revenues, shall be deemed to be trust
funds to be held and applied solely as provided in this act.
The resolution authorizing the bonds or the trust agreement
securing such bonds shall provide that any officer with whom,
or any bank or trust company with which, such moneys shall
be deposited shall act as trustee of such moneys and shall
hold and apply the same for the purposes hereof, subject to
such regulations as this act and such resolution or trust
agreement may provide.
Section 12. Remedies. — Any holder of bonds issued
under the provisions of this act or any of the coupons apper-
taining thereto, and the trustee under any trust agreement,
except to the extent the rights herein given may be restricted
by such trust agreement, may, either at law or in equity,
by suit, action, mandamus or other proceeding, protect and
enforce any and all rights under the laws of the common-
wealth or granted hereunder or under such trust agreement
or resolution authorizing the issuance of such bonds, and
may enforce and compel the performance of all duties re-
quired by this act or by such trust agreement or resolution
to be performed by the Authority or by any officer thereof,
including the fixing, charging and collecting of tolls.
Section 13. Exemption from Taxation. — The exercise
of the powers granted by this act will be in all respects for
the benefit of the people of the commonwealth, for the
increase of their commerce and prosperity, and for the
improvement of their health and living conditions, and as
the operation and maintenance of the turnpike by the Au-
thority will constitute the performance of essential govern-
mental functions, the Authority shall not be required to pay
any taxes or assessments upon the turnpike or any property
acquired or used by the Authority under the provisions of
this act or upon the income therefrom, and the bonds issued
Acts, 1952. — Chap. 354. 277
under the provisions of this act, their transfer and the income
therefrom (including any profit made on the sale thereof),
shall at all times be free from taxation within the common-
wealth.
Section 14. Bonds Eligible for Investment. — Bonds
issued by the Authority under the provisions of this act
are hereby made securities in which all public officers and
public bodies of the commonwealth and its political sub-
divisions, all insurance companies, trust companies in their
commercial departments and within the limits set by section
forty of chapter one hundred and seventy-two of the General
Laws, banking associations, investment companies, execu-
tors, trustees and other fiduciaries, and all other persons
whatsoever who are now or may hereafter be authorized
to invest in bonds or other obligations of a similar nature
may properly and legally invest funds, including capital
in their control or belonging to them, and such bonds are
hereby made obligations which may properly and legally
be made eligible for the investment of savings deposits and
the income thereof in the manner provided by clause 15 (c) of
section fifty-four of chapter one hundred and sixty-eight of
the General Laws. Such bonds are hereby made securities
which may properly and legally be deposited with and re-
ceived by any state or municipal oflRicer or any agency or
political subdivision of the commonwealth for any purpose
for which the deposit of bonds or other obligations of the
commonwealth is now or may hereafter be authorized by
law.
Section 15. Miscellaneous. — The turnpike when con-
structed and open to traffic shall be maintained and kept in
good condition and repair by the Authority. The turnpike
shall also be policed and operated by such force of police,
toll-takers and other operating employees as the Authority
may in its discretion employ.
All private property damaged or destroyed in carrying out
the powers granted by this act shall be restored or repaired
and placed in its original condition as nearly as practicable,
or adequate compensation made therefor, out of funds pro-
vided under the authority of this act.
All counties, cities, towns and other pohtical subdivisions
and all public agencies and commissions of the common-
wealth, notwithstanding any contrary provision of law, are
hereby authorized and empowered to lease, lend, grant or
convey to the Authority at its request upon such terms and
conditions as the proper authorities of such counties, cities,
towns, political subdivisions, agencies or commissions of the
commonwealth may deem reasonable and fair and without
the necessity for any advertisement, order of court or other
action or formality, other than the regular and formal action
of the authorities concerned, any real property which may be
necessary or convenient to the effectuation of the authorized
purposes of the Authority, including public roads and other
real property already devoted to public use.
278 Acts, 1952. — Chap. 354.
Until the turnpike shall have become a part of the state
highway system under the provisions of section seventeen of
this act, the Authority shall be liable to any person sustaining
bodily injury or damage in his property by reason of a de-
fect or want of repair therein or thereupon to the same extent
as though the turnpike were a way within the meaning of
sections fifteen, eighteen and nineteen of chapter eighty-four
of the General Laws, and shall be hable for the death of any
person caused by such defect or want of repair to the same
extent as is provided in chapter two hundred and twenty-
nine of the General Laws. Any notice of such injury, damage
or death required by law shall be given to any member of
the Authority or to the secretary-treasurer.
Any person damaged in his property by the exercise of
any of the powers granted by this act may recover his dam-
ages from the Authority under chapter seventy-nine of the
General Laws.
On or before the thirtieth day of January in each year the
Authority shall make an annual report of its activities for
the preceding calendar year to the governor and to the gen-
eral court. Each such report shall set forth a complete oper-
ating and financial statement covering its operations during
the year. The Authority shall cause an audit of its books
and accounts to be made at least once in each year by certi-
fied public accountants, and the cost thereof may be treated
as a part of the cost of construction or operation of the turn-
pike. Such audits shall be deemed to be public records
within the meaning of chapter sixty-six of the General Laws.
Section 16. Turnpike Revenue Refunding Bonds. — The
Authority is hereby authorized to provide by resolution for
the issuance of turnpike revenue refunding bonds of the
Authority for the purpose of refunding any bonds then out-
standing which shall have been issued under the provisions
of this act, including the payment of any redemption premium
thereon and any interest accrued or to accrue to the date of
redemption of such bonds, and, if deemed advisable by the
Authority, for the additional purpose of constructing any
additional portion or portions of the turnpike or improve-
ments, extensions, or enlargements thereof. The issuance of
such bonds, the maturities and other details thereof, the
rights of the holders thereof, and the rights, duties and ob-
ligations of the Authority in respect of the same, shall be
governed by the provisions of this act in so far as the same
may be applicable. The issuance of turnpike revenue bonds
or turnpike revenue refunding bonds under the provisions of
this act need not comply with the requirements of any other
law applicable to the issuance of bonds.
Section 17. Transfer to Commonwealth. — When all bonds
issued under the provisions of this act and the interest thereon
shall have been paid or a suflBcient amount for the payment
of all such bonds and the interest thereon to the maturity
thereof shall have been set aside in trust for the benefit of
the bondholders, the turnpike, if then in good condition and
Acts, 1952. — Chap. 354. 279
repair to the satisfaction of the state department of public
works, shall become part of the state highway system and
shall thereafter be maintained and operated by said depart-
ment free of tolls as may be provided by law, and thereupon
the Authority shall be dissolved and all funds of the Au-
thority not required for the payment of the bonds and of the
interest thereon shall be paid into the treasury of the com-
monwealth for the credit of the Highway Fund and all ma-
chinery, equipment, and other property belonging to the
Authority shall be vested in the commonwealth and delivered
to the state department of public works.
Section 18. Preliminary Expenses. — To provide for the
preliminary expenses of the Authority in carrying out the
provisions of this act the sum of five hundred thousand dol-
lars is hereby appropriated from the Highway Fund, which
sum shall be paid to the Authority and, simultaneously with
the delivery of the bonds, the sum so paid shall be reimbursed
by the Authority to the commonwealth for the credit of the
Highway Fund out of the proceeds of any bonds which may
be issued by the Authority under the provisions of this act.
The Authority is hereby authorized and directed to make
such surveys and studies of the turnpike as may be necessary
to effect the financing authorized by this act at the earliest
practicable time, and for this purpose to employ such con-
sulting engineers, traffic engineers, legal and financial experts
and such other employees and agents as it may deem neces-
sary. To effect the purposes of this act the state department
of public works shall make available to the Authority all
data in the possession of the department which may be useful
to the Authority in making such surveys and studies and
the department may furnish such assistance in making in-
vestigations and in preparing designs for the turnpike project
as may be agreed upon between the department and the
Authority, the cost of such surveys and expenses incurred
by the department to be paid by the Authority.
Section 19. Act Liberally Construed. — This act, being
necessary for the welfare of the commonwealth and its in-
habitants, shall be liberally construed to effect the purposes
thereof.
Section 20. Constitutional Construction. — The provi-
sions of this act are severable, and if any of its provisions
shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or
impair any of the remaining provisions.
Section 21. Inconsistent Laws Inapplicable. — All other
general or special laws, or parts thereof, inconsistent here-
with are hereby declared to be inapplicable to the provisions
of this act. Approved May 23, 1952.
280
Acts, 1952. — Chaps. 355, 356, 357.
Chap.S55 An Act relative to the transfer of certificates, li-
censes AND PERMITS ISSUED TO CERTAIN COMMON CAR-
RIERS.
Emergency
preamble.
G. L. (Ter.
Ed.). 159A,
§ 7A, etc.,
amended.
Transfer of
certificates
of public
convenienc,
etc.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to make its provisions effective
forthwith, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the pubUc
convenience.
Be it enacted, etc., as follows:
Section 7 A of chapter 159 A of the General Laws is hereby
amended by striking out the first sentence, as appearing in
chapter 449 of the acts of 1949, and inserting in place thereof
the following sentence : — Any certificate of public conven-
ience and necessity granted by the department pursuant to
section seven and chapter three hundred and seventy-eight
of the acts of nineteen hundred and forty-seven and any
hcense or permit granted pursuant to sections one, three and
eleven A, may be assigned and transferred in whole or in
part, with the approval and consent of the department, after
a public hearing, at which hearing it shall be established to
the satisfaction of the department that the proposed transfer
and assignment are consistent with the public interest, pro-
vided, however, that no certificate, license or permit shall be
transferred except in connection with the bona fide sale to
the transferee of the business of the transferor theretofore
conducted in connection with the certificate, permit and li-
cense or any part thereof sought to be transferred.
Approved May 2S, 1952.
Chap.SdQ An Act authorizing the city of salem to pay certain
COMPENSATION TO THE WIDOW OF FRANCIS M. GRIFFIN, A
FORMER MEMBER OF THE CITY COUNCIL OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting the public
good, the city of Salem is hereby authorized to appropriate
and pay to the widow of Francis M. Griffin, who died while
a member of the present city council of said city, the balance
of the salary to which he would have been entitled for the
current term for which he was elected had he lived and con-
tinued to serve in said council until the end of said term.
Section 2. This act shall take effect upon its passage.
Approved May 23, 1952.
Chap. 357 An Act relative to the acquisition by the department
OF conservation of land adjacent to the ASHLAND
STATE PARK IN THE TOWN OF ASHLAND.
Be it enacted, etc., as follows:
Section 1. Chapter 607 of the acts of 1951 is hereby
amended by striking out section 3 and inserting in place
thereof the following section : — Section 3. For the purposes
of this act there may be expended from the amoimt appro-
Acts, 1952. — Chap. 358. 281
priated in Item 4018-00 of section two of chapter eight hun-
dred and twenty-five of the acts of nineteen hundred and
fifty a sum not exceeding ten thousand, seven hundred and
ten dollars.
Section 1A. Said chapter 607 of the acts of 1951 is hereby
further amended by inserting after section 3 the following
section : — Section \. For the purposes of this act the time
within which expenditures may be made from the unexpended
balance of the amount appropriated in Item 4018-00 of sec-
tion two of chapter eight hundred and twenty-five of the
acts of nineteen hundred and fifty is hereby extended to and
including June thirtieth, nineteen hundred and fifty-three.
Section 2. This act shall take effect upon its passage.
Approved Maij 23, 1952.
An Act to authorize children's aid association, inc., Chav-^^^
THE church home SOCIETY FOR THE CARE OF CHILDREN
OF THE PROTESTANT EPISCOPAL CHURCH AND JUDGE BAKER
GUIDANCE CENTER TO FORM AN ALLIANCE FOR THE PUR-
POSE OF ESTABLISHING, MAINTAINING AND OPERATING IN
COMMON A CHILD CARE CENTER.
Be it enacted, etc., as follows:
Section 1. Children's Aid Association, Inc., The Church
Home Society for the Care of Children of the Protestant
Episcopal Church and Judge Baker Guidance Center, three
charitable corporations organized and existing under the
laws of Massachusetts, and such other charitable corpora-
tions heretofore or hereafter organized under said laws as may
be mutually agreed upon, in furtherance of their respective
corporate purposes, are hereby authorized and empowered
to form an alliance for and otherwise co-operate in estab-
lishing, maintaining and operating a child care center, and
to render mutual services and operate one or more buildings
in common in connection with such child care center.
Section 2. Said corporations are hereby authorized and
empowered to enter into such mutual agreement or agree-
ments, to take such other action, and to acquire and hold,
either separately, jointly or as tenants in common, such real
and personal property as they may respectively deem neces-
sary or desirable for the accomplishment of the objects set
forth in section one; provided, however, that none of said
corporations shall exceed the limits imposed by law upon
the amount of property which each may acquire and hold,
and for the purpose of computing said limits each of said
corporations shall, in the absence of an agreement between
them to the contrary, be considered as holding an equal part
of any property owned jointly or in common as aforesaid;
and said corporations respectively are hereby further au-
thorized and empowered to expend such of their funds, not
restricted to other purposes, as they may respectively deem
necessary or desirable to accomplish any of the objects set
forth in this act.
282 Acts, 1952. — Chaps. 359, 360.
Section 3. Any personal property from time to time
held by said corporations as provided in this act, and any
real property so held, in so far as such real property shall be
occupied by any one or more of said corporations or their
officers for the objects set forth in this act, shall be consid-
ered for the purposes of taxation as property of the kind
described in paragraph Third of section five of chapter fifty-
nine of the General Laws irrespective of whether such prop-
erty shall be so held separately, jointly or as tenants in
common.
Section 4. This act shall take effect upon its passage.
Approved May 23, 1952.
Chap.d59 An Act to permit cities to use certain currently
AVAILABLE FUNDS TO REDUCE TAX RATES THEREIN FOR
THE CURRENT YEAR.
Emergency Wherctts, The deferred operation of this act would tend
to defeat its purpose which cannot be accomplished unless
it shall take effect upon its passage, therefore it is hereby
declared to be an emergency law, necessary for the immedi-
ate preservation of the public convenience.
Be it enacted, etc., as follows:
In cities in the calendar year of 1952 in determining the
amount, of available funds which the assessors may be re-
quired to deduct under the provisions of clauses (6) and (c)
of section twenty-three of chapter fifty-nine of the General
Laws, as most recently amended by section seven of chapter
seven hundred and ninety-eight of the acts of nineteen hun-
dred and fifty-one, such funds shall constitute the amounts
certified by the director of accounts as available on January
first, nineteen hundred and fifty-two, in accordance with the
further provisions of said section, together with the total of
the real, personal or poll taxes of prior years collected be-
tween said January first and the last day of the month pre-
ceding the month in. which the tax rate is determined, but
in no event later than April thirtieth, nineteen hundred and
fifty-two.
The auditor or similar accounting ofiicer in each city shall
certify as soon as may be to the board of assessors the total
real, personal or poll taxes of prior years collected from
January first, nineteen hundred and fifty-two, up to and
including April thirtieth, nineteen hundred and fifty-two.
Approved May 23, 1952.
Chap.S60 A.N Act making appropriations for the maintenance of
CERTAIN counties, FOR INTEREST AND DEBT REQUIRE-
MENTS, FOR CERTAIN PERMANENT IMPROVEMENTS, AND
GRANTING A COUNTY TAX FOR SAID COUNTIES.
pr'^ambi"^^ Wherctts, The deferred operation of this act would result
in unnecessarily extending the period during which county
Acts, 1952. — Chap. 360.
283
expenditures would be made in anticipation of appropriation,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as follows:
Section 1. The following sums are hereby appropriated
for the counties hereinafter specified for the year nineteen
hundred and fifty-two. No direct drafts against the account
known as the reserve fund shall be made, but transfers from
this account to other accounts may be made to meet ex-
traordinary or unforeseen expenditures upon the request of
the county commissioners and with the approval of the di-
rector of accounts.
Barnstable County.
Item
1. For interest on county debt .... $7,125 00
2. For reduction of county debt .... 38,184 70
3. For county commissioners, salaries and expenses . 15,725 00
4. For transportation and expenses of county and
acting commissioners . . . . . 1,000 00
5. For clerk of courts, salaries and expenses . . 16,413 50
6. For county treasurer, salaries and expenses . 13,880 00
7. For sheriff, salary and expenses .... 8,935 00
8. For registries of deeds and probate, salaries and
expenses 94,454 22
9. For law libraries, salaries and expenses . 1,910 00
10. For highways, including state highways, bridges
and land damages ..... 121,583 64
12. For criminal costs in superior court . . . 22,967 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... 16,050 00
14. For district courts, salaries and expenses . . 49,652 75
15. For medical examiners and commitments of insane 3,000 00
16. For jails and houses of correction, maintenance and
operation 110,130 00
17. For training school ...... 500 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 19,530 05
20. For county aid to agriculture, maintenance and
operation ....... 33,565 00
22. For hospital or sanatorium .... 300,000 00
23. For county health service ..... 25,366 55
24. For non-contributory pensions .... 1,151 29
25. For contributory retirement systems and super-
visory expenses ...... 7,090 22
26. For miscellaneous and contingent expenses . . 11,000 00
27. For unpaid bills of previous years . . . 500 00
28. For reserve fund . . . . . 10,000 00
29. For advertising recreational advantages of the
county 20,000 00
30. For state fire patrol 3,600 00
31. For maintenance forest fire apparatus . . 1,000 00
32. For police training school and bureau of criminal
identification 11,030 00
33. For police radio station 25,800 00
33a. For National Convention of County Officials in
1953 125 00
284
Acts, 1952. — Chap. 360.
Item
34a. For court house parking area .... $3,000 00
And the county commissioners of Barnstable
county are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the following
sum to be expended, together with the cash bal-
ance on hand and the receipts from other sources,
for the above purposes $720,170 02
Berkshire County.
1. For interest on county debt
3. For county commissioners, salaries and expenses
4. For transportation and expenses of county and
acting commissioners ....
5. For clerk of courts, salaries and expenses
6. For county treasurer, salaries and expenses
7. For sheriff, salary and expenses
8. For registries of deeds and probate, salaries and
expenses" ......
9. For law libraries, salaries and expenses
10. For highways, including state highways, bridges
and land damages ....
11. For examination of dams ....
12. For criminal costs in superior court .
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ....
14. For district courts, salaries and expenses
15. For medical examiners and commitments of insane
16. For jails and houses of correction, maintenance
and operation .....
17. For training school .....
18. For court houses and registry buildings, mainte
nance and operation ....
20. For county aid to agriculture, maintenance and
operation ......
21a. For state reservation, maintenance and operation
Mount Greylock .....
21b. For state reservation, maintenance and operation
Mount Everett .....
22. For hospital or sanatorium
25. For contributory retirement systems and super
visory expenses .....
26. For miscellaneous and contingent expenses .
27. For unpaid bills of previous years
28. For reserve fund .....
29. For advertising recreational advantages of the
county .....
30. For forest development in co-operation with the
state .......
32. For Dutch elm disease ....
33a. For National Convention of County Officials in
1953
34. For forest fire apparatus and six months' mainte-
nance ........
And the county commissioners of Berkshire county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes .....
$1,165 77
15,395 00
700 00
19,427 00
9,865 00
6,205 00
63,853 00
6,881 00
151,355 00
200 00
20,465 00
20,660 00
98,157 00
8,000 00
87,771 17
1,500 00
42,082 00
40,765 00
27,370 00
3,575 00
67,288 89
11,237 42
2,300 00
984 23
6,000 00
10,000 00
1,891 25
10,000 00
175 00
3,000 00
$585,349 60
Acts, 1952. — Chap. 360.
285
Bristol County.
Item
1. For interest on county debt .... $9,750 00
2. For reduction of county debt .... 25,000 00
3. For county commissioners, salaries and expenses . 14,000 00
4. For transportation and expenses of county and
acting commissioners ..... 1,500 00
5. For clerk of courts, salaries and expenses . . 51,910 00
6. For county treasurer, salaries and expenses . 32,280 00
7. For sheriff, salary and expenses .... 8,000 00
8. For registries of deeds and probate, salaries and
expenses 188,946 12
9. For law libraries, salaries and expenses . 20,000 00
10. For highways, including state highways, bridges
and land damages ..... 163,250 00
12. For criminal costs in superior court . . . 90,000 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... 85,000 00
14. For district courts, salaries and expenses . . 207,500 00
15. For medical examiners and commitments of insane 27,000 00
16. For jails and houses of correction, maintenance
and operation 171,125 00
17. For training school 5,000 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 188,460 00
19. For construction of county buildings and/or pur-
chase of land (Agricultural School) . . . 1,000 00
20. For agricultural school, maintenance and opera-
tion 275,834 25
24. For non-contributory pensions .... 11,515 00
25. For contributory retirement systems and super-
visory expenses ...... 25,662 63
26. For miscellaneous and contingent expenses . . 10,000 00
27. For unpaid bills of previous years . . . 2,500 00
28. For reserve fund 10,000 00
29. For county forest fire patrol .... 7,200 00
33a. For National Convention of County Officials in
1953 500 00
And the county commissioners of Bristol county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes ..... $1,211,830 80
Dukes County.
1. For interest on county debt
2. For reduction of county debt
3. For county commissioners, salaries and expenses
4. For transportation and expenses of county and
acting commissioners ....
5. For clerk of courts, salaries and expenses .
6. For county treasurer, salaries and expenses
7. For sheriff, salary and expenses .
8. For registries of deeds and probate, salaries and
expenses . . . .
9. For law libraries, salaries and expenses
10. For highways, including state highways, bridges
and land damages ....
12. For criminal costs in superior court .
$350 00
11,995 20
5,250 00
450 00
7.100 00
2,975 00
3,000 00
10,280 00
475 00
15,000 00
3,000 00
286
Acts, 1952. —Chap. 360.
Item
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... $2,000 00
14. For district courts, salaries and expenses . . 12,100 00
15. For medical examiners and commitments of insane 500 00
16. For jails and houses of correction, maintenance
and operation ...... 8,870 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 4,500 00
20. For county aid to agriculture, maintenance and
operation 12,720 00
21a. For state reservation, maintenance and operation,
Gay Head 600 00
21b. For state reservation, Indian burial ground . 400 00
25. For contributory retirement systems and super-
visory expenses ...... 633 05
26. For miscellaneous and contingent expenses . . 2,400 00
27. For unpaid bills of previous years . 1,500 00
28. For reserve fund 1,500 00
29. For advertising recreational advantages of the
county 10,000 00
30. For county rodent control .... 5,000 00
31. For county airport, maintenance and operation . 31,035 40
32. For woodtick control 1,500 00
33a. For National Convention of County Officials in
1953 25 00
And the county commissioners of the county of
Dukes county are hereby authorized to levy as
the county tax of said count}'' for the current
year, in the manner provided by law, the follow-
ing sum to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes . $118,226 81
Essex County.
1. For interest on county debt .... $23,839 50
2. For reduction of county debt .... 158,893 40
3. For county commissioners, salaries and expenses . 31,800 00
4. For transportation and expenses of county and act-
ing commissioners ..... 1,500 00
5. For clerk of courts, salaries and expenses . . 76,800 00
6. For county treasurer, salaries and expenses . 34,950 00
7. For sheriff, salary and expenses 8,025 00
8. For registries of deeds and probate, salaries and
expenses 317,920 00
9. For law libraries, salaries and expenses . . 17,325 00
10. For highways, including state highways, bridges
and land damages 306,250 00
12. For criminal costs in superior court 98,440 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees . . . . 120,750 00
14. For district courts and trial justices, salaries and
expenses ....... 353,650 00
15. For medical examiners and commitments of insane 28,000 00
16. For jaUs and houses of correction, maintenance and
operation 195,900 00
17. For training school 161,400 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 153,255 00
20. For agricultural school, maintenance and opera-
tion 444,828 00
24. For non-contributory pensions .... 23,900 00
25. For contributory retirement systems and super-
visory expenses ...... 56,005 97
Acts, 1952. — Chap. 360.
287
Item
26.
27.
28.
29.
30.
33a.
For miscellaneous and contingent expenses
For unpaid bills of previous years
For reserve fund ....
For forest development
For fire patrol .....
For National Convention of County Officials in
1953
And the county commissioners of Essex county are
hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the following sum to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the
above purposes ......
$19,385 16
3,000 00
15,000 00
1,500 00
3,800 00
700 00
$2,042,500 00
Franklin County.
1. For interest on county debt .... $1,00000
3. For county commissioners, salaries and expenses . 10,900 00
4. For transportation and expenses of county and act-
ing commissioners ..... 300 00
5. For clerk of courts, salaries and expenses . 13,000 00
6. For county treasurer, salaries and expenses 10,220 00
7. For sheriff, salary and expenses . . . 4,600 00
8. For registries of deeds and probate, salaries and
expenses 23,140 00
9. For law libraries, salaries and expenses 5,500 00
10. For highways, including state highways, bridges
and land damages ..... 83,000 00
11. For examination of dams ..... 400 00
12. For criminal costs in superior court . . 9,000 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... 10,800 00
14. For district courts, salaries and expenses . . 31,950 00
15. For medical examiners and commitments of insane 2,500 00
16. For jails and houses of correction, maintenance
and operation 44,700 00
17. For training school 200 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 19,440 00
20. For county aid to agriculture, maintenance and
operation ....... 39,515 00
21. For state reservation, maintenance and operation,
Mount Sugar Loaf 4,000 00
22. For hospital or sanatorium . 48,113 28
23. For preventorium, health service, Greenfield
Health Camp 2,000 00
24. For non-contributory pensions .... 1,004 70
25. For contributory retirement systems and super-
visory expenses ...... 6,604 69
26. For miscellaneous and contingent expen-ses . . 1,838 64
27. For unpaid bills of previous years . . . 700 00
28. For reserve fund 5,000 00
29. For advertising recreational advantages of the
county 3,500 00
33a. For National Convention of County Officials in
1953 100 00
And the county commissioners of FrankHn county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the
above purposes $317,284 25
288
Acts, 1952. — Chap. 360.
Hampden Countt.
Item
1. For interest on county debt .... $9,000 00
2. For reduction of county debt .... 36,000 00
3. For county commissioners, salaries and expenses . 20,080 00
4. For transportation and expenses of county and
acting commissioners ..... 800 00
5. For clerk of courts, salaries and expenses . . 55,030 00
6. For county treasurer, salaries and expenses . . 19,855 00
7. For sheriff, salary and expenses .... 8,500 00
8. For registries of deeds and probate, salaries and
expenses ....... 145,646 50
9. For law libraries, salaries and expenses . . 20,180 00
10. For highways, including state highways, bridges
and land damages 193,000 00
11. For examination of dams ..... 3,600 00
12. For criminal costs in superior court . . 47,444 05
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees . . . . . 93,100 00
14. For district courts and trial justices, salaries and
expenses ....... 293,360 03
15. For medical examiners and commitments of insane 18,000 00
16. For jails and houses of correction, maintenance
and operation 178,000 00
17. For training school 71,200 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 99,875 00
20. For county aid to agriculture, maintenance and
operation ....... 84,164 00
21. For state reservation, maintenance and operation,
Mount Tom 26,000 00
23. For preventorium, health service . . . 3,000 00
24. For non-contributory pensions .... 24,992 00
25. For contributory retirement systems and super-
visory expenses ...... 28,042 13
26. For miscellaneous and contingent expenses . . 9,382 48
27. For unpaid bills of previous years . . . 2,000 00
28. For reserve fund 15,000 00
29. For advertising recreational advantages of the
county 3,500 00
30. For Dutch elm disease 5,000 00
33a. For National Convention of County Officials in
1953 550 00
And the county commissioners of Hampden county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes ..... $1,160,891 65
Hampshire County.
1. For interest on county debt
3. For county commissioners, salaries and expenses
4. For transportation and expenses of county and
acting commissioners ....
5. For clerk of courts, salaries and expenses .
6. For county treasurer, salaries and expenses
7. For sheriff, salary and expenses
8. For registries of deeds and probate, salaries and
expenses ......
9. For law libraries, salaries and expenses
$1,800 00
10,900 00
400 00
18,800 00
14,572 00
4,900 00
36,175 00
4,500 00
Acts, 1952. — Chap. 360.
289
Item
10. For highways, including state highways, bridges
and land damages .....
11. For examination of dams . . . . .
12. For criminal costs in superior court
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees .....
14. For district courts, salaries and expenses .
15. For medical examiners and commitments of insane
16. For jails and houses of correction, maintenance and
operation .......
18. For court houses and registry buildings, mainte-
nance and operation .....
20. For county aid to agriculture, maintenance and
operation .......
21. For state reservation, maintenance and operation
22. For hospital or sanatorium ....
23. For preventorium, health service
24. For non-contributory pensions ....
25. For contributory retirement systems and super-
visory expenses ......
26. For miscellaneous and contingent expenses .
27. For unpaid bills of previous years
28. For reserve fund ......
29. For advertising recreational advantages of the
county .......
33a. For National Convention of County OflBcials in
1953
And the county commissioners of Hampshire
county are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the following
sum to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes
$95,500 00
500 00
19,000 00
18,900 00
53,348 00
10,500 00
74,205 00
33,300 00
42,355 00
5,350 00
112,752 31
1,000 00
2,738 85
5,913 58
1,500 00
200 00
7,500 00
3,500 00
100 00
$460,356 96
Middlesex County.
1. For interest on county debt .... $9,750 00
3. For county commissioners, salaries and expenses . 37,700 00
4. For transportation and expenses of county and
acting commissioners ..... 2,000 00
5. For clerk of courts, salaries and expenses . . 144,220 00
6. For county treasurer, salaries and expenses . 45,865 00
7. For sheriff, salary and expenses .... 9,500 00
8. For registries of deeds and probate, salaries and
expenses 620,275 00
8a. For classified and consolidated indices, southern
registry of deeds 30,000 00
9. For law libraries, salaries and expenses . . 32,675 00
10. For highways, including state highways, bridges
and land damages 519,882 00
12. For criminal costs in superior court . 270,000 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... 350,465 00
14. For district courts and trial justices, salaries and
expenses 779,425 00
15. For medical examiners and commitments of insane 60,000 00
16. For jails and houses of correction, maintenance
and operation ...... 652,950 00
17. For training school 187,100 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 407,825 00
290
Acts, 1952. — Chap. 360.
Item
19. For construction of county buildings and/or pur-
chase of land $50,000 00
20. For county aid to agriculture, maintenance and
operation 93,000 00
21. For state reservation, maintenance and operation,
Walden Pond 61,000 00
24. For non-contributory pensions .... 56,000 00
25. For contributory retirement systems and super-
visory expenses ...... 80,740 00
26. For miscellaneous and contingent expenses . . 9,100 00
27. For unpaid bills of previous years . . . 6,500 00
28. For reserve fund 20,000 00
33a. For National Convention of County Officials in
1953 1,500 00
And the county commissioners of Middlesex
county are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the following
sum to be expended, together with the cash bal-
ance on hand and the receipts from other
sources, for the above purposes
Norfolk County.
1. For interest on county debt
2. For reduction of county debt
3. For county commissioners, salaries and expenses
4. For transportation and expenses ot county and
acting commissioners ....
5. For clerk of courts, salaries and expenses .
6. For county treasurer, salaries and expenses
7. For sheriff, salary and expenses .
8. For registries of deeds and probate, salaries and
expenses ......
9. For law libraries, salaries and expenses
10. For highways, including state highways, bridges
and land damages ....
12. For criminal costs in superior court .
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees .....
14. For district courts, salaries and expenses
15. For medical examiners and commitments of insane
16. For jails and houses of correction, maintenance
and operation .....
17. For training school .....
18. For court houses and registry buildings, mainte
nance and operation ....
20. For agricultural school, maintenance and opera
tion .......
24. For non-contributory pensions .
25. For contributory retirement systems, and super-
visory expenses .....
26. For miscellaneous and contingent expenses .
27. For unpaid bills of previous years
28. For reserve fund .....
33a. For National Convention of County Officials in
1953
And the county commissioners of Norfolk coimty
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes $1,200,728 74
$3,548,695 13
$9,300 00
42,000 00
19,000 00
750 00
40,750 00
23,500 00
7,700 00
257,500 00
4,500 00
210,000 00
81,000 00
74,000 00
298,300 00
26,500 00
148,000 00
22,500 00
140,400 00
240,170 00
21,500 00
29,121 12
6,500 00
2,500 00
15,000 00
700 00
Acts, 1952. — Chap. 360.
291
Plymouth Countt.
Item
1. For interest on county debt .... $4,277 50
2. For reduction of county debt .... 55,484 71
3. For county commissioners, salaries and expenses . 21,395 00
4. For transportation and expenses of county and act-
ing commissioners ..... 1,500 00
5. For clerk of courts, salaries and expenses . . 34,162 50
6. For county treasurer, salaries and expenses . 14,603 75
7. For sheriff, salary and expenses . . . 7,695 00
8. For registries of deeds and probate, salaries and
expenses 126,140 00
9. For law libraries, salaries and expenses . 8,560 00
10. For highways, including state highways, bridges
and land damages 207,520 00
11. For examination of dams ..... 1,500 00
12. For criminal costs in superior court . . 88,725 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees ..... 58,600 00
14. For district courts, salaries and expenses . 154,851 00
15. For medical examiners and commitments of insane 12,375 00
16. For jails and houses of correction, maintenance
and operation 201,000 00
17. For training school 2,000 00
18. For court houses and registry buildings, mainte-
nance and operation ..... 62,367 00
19. For construction of county buildings and/or pur-
chase of land 10,000 00
20. For county aid to agriculture, maintenance and
operation . . 49,155 00
24. For non-contributory pensions .... 2,586 08
25. For contributory retirement systems and super-
visory expenses ...... 16,770 23
26. For miscellaneous and contingent expenses . . 2,100 00
27. For unpaid bills of previous years . 1,000 00
28. For reserve fimd 10,000 00
29. For police training school ..... 9,580 00
30. For post-war rehabilitation fund . 20,000 00
31. For forest fire control 5,800 00
33a. For National Convention of County OflScials in
1953 275 00
And the county commissioners of Plymouth county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be ex-
pended, together with the cash balance on hand
and the receipts from other sources, for the
above purposes ...... $965,040 06
Worcester Cotjntt.
1. For interest on county debt
3. For county commissioners, salaries and expenses
4. For transportation and expenses of coimty and
acting commissioners ....
5. For clerk of courts, salaries and expenses
6. For county treasurer, salaries and expenses
7. For sheriff, salary and expenses
8. For registries of deeds and probate, salaries and
expenses . . . . ' .
9. For law libraries, salaries and expenses
10. For highways, including state highways, bridges
and land damages ....
12. For criminal costs in superior court
$5,000 00
27,460 00
3,800 00
79,150 00
28,800 00
8,500 00
256,280 00
24,450 00
430,350 00
112,700 00
292
Acts, 1952. — Chap. 360.
Item
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees .....
14. For district courts and trial justices, salaries and
expenses .......
15. For medical examiners and commitments of insane
16. For jails and houses of correction, maintenance
and operation .....
17. For training school .....
18. For court houses and registry buildings, mainte
nance and operation ....
20. For county aid to agriculture, maintenance and
operation ......
21a. For state reservation, maintenance and operation
Mount Wachusett ....
21b. For state reservation, Purgatory Chasm
23. For preventorium, health service
24. For non-contributory pensions .
25. For contributory retirement systems and super
visory expenses .....
26. For miscellaneous and contingent expenses .
27. For unpaid bills of previous years
28. For reserve fund .....
33a. For National Convention of County Officials in
1953
And the county commissioners of Worcester
coimty are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the following
sum to be expended, together with the cash
balance on hand and the receipts from other
sources, for the above purposes
$125,500 00
373,300 00
43,000 00
258,800 00
71,250 00
162,600 00
82,000 00
29,950 00
12,200 00
2,000 00
30,804 10
43,871 91
17,300 00
5,000 00
10,000 00
700 00
$1,825,637 08
Section 2. No expense incurred for mid-day meals by
county employees, other than those who receive as part
of their compensation a non-cash allowance in the form of
full or complete boarding and housing, and those employees
who are stationed beyond commuting distance from their
homes for a period of more than twenty-four hours, shall be
allowed by any county; provided, that officers or employees
who have charge of jur